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CPETOIGHT DEPOSIT; 



THE GOVERNMENT OF THE 
STATE OF NEW YORK 



THE GOVERNMENT 

OF THE 

STATE OF NEW YORK 



BY 

TAMES SULLIVAN, Ph.D 

PRINCIPAL OP THE BOYS' HIGH SCHOOL, BROOKLYN 



WITH MAPS AND ILLUSTRATIONS 



NEW YORK 

CHARLES SCRIBNER'S SONS 

1912 



^%v 



IV 



COPYRIGHT, 1 905, igi 2, BY 
CHARLES SCRIBNER'S SONS 




CI.A328466 
3*-o / 



PREFACE. 

In the study of civics in our schools there is usually such 
strong emphasis laid on the National government that the 
student comes to think that the State government is of very 
little importance. This fact has led and is leading the public 
at large to regard the State as scarcely anything more than 
an administrative unit like the English county and the 
French department. Men of learning and prominence re- 
gard with equanimity the gradual encroachment of the Na- 
tional upon the State government. That men in general do 
not object to the increasing assumption of powers by the 
National government may be in part attributed to the train- 
ing which they receive in the schools. 

Whether such assumption of power is good or bad is of 
course debatable. No one will deny, however, that it is con- 
trary to the spirit of our institutions. The reduction of our 
States to mere divisions for administrative purposes was 
something never contemplated by the most ardent Federal- 
ists. With the hope of counteracting in a measure the 
present tendency to aggrandize the importance of the Na- 
tional government I have aimed to bring before the student 
the exceedingly important part which our State government 
plays in our daily life. 

Another object I have kept constantly in mind is to show 
the government in its actual working. For that reason 
at the end of each chapter are several paragraphs on actual 
conditions. These, following, as they do, the sketch of the 
machinery of government, are intended to show how prac- 



VI PREFACE. 

tice differs from theory, and wherein we are successful and 
wherein we fail in carrying on our government. 

On the political history of New York State I have given 
very little, because almost all that I could give here has 
already been covered in connection with the history of the 
United States which the pupil has already studied. Changes 
in institutions, however, have been noted in their proper 
places. I have also omitted from the text salaries of officials 
and other statistical matter. Such material is to be found 
in reference tables at the end of the book. 

I am indebted to Mr. A. H. Sanford for permission to use 
at the ends of some of my chapters certain of the " sug- 
gestive questions," in his work on the " Government of 
Wisconsin." 

New York City, November, 1905. 



PREFACE TO THE SECOND EDITION. 

The conditions governing affairs in our State and its 
counties, cities, villages, and towns change so rapidly that 
every year some legislation is necessary. In theory a new 
text-book would be necessary every year, but as this is not 
possible in practice, it behooves every teacher of civics to 
take a wide-awake interest in current affairs so as to be able 
to keep himself and his pupils abreast of the times. 

It is now seven years since this book was published and 
the object of this new edition is to make in it such changes 
as have been made necessary by the lapse of time. 

The author at one time seriously considered the proposi- 
tion of remaking the book along the lines laid down by the 
new State Syllabus, but he was deterred from doing it after 
a talk with one of the members of the committee that made 
the syllabus. It became clear that the intent of the com- 
mittee was to have the subject studied inductively and that 
the teacher was to be the all-important factor in getting the 
pupil to gather the facts. 

The general material called for in the syllabus is to be 
found in this book, though the arrangement is different. 
To assist the teacher the syllabus has been placed in this 
volume to precede the text and page references have been 
given so that the place where a topic is treated may be 
easily found. 

Aside from the numerous necessary changes in figures 



vm PREFACE. 

throughout the book the most important sections entirely 
rewritten are those relating to "The Primary," "The In- 
come Tax," "The District Superintendent of Schools," and 
"The Initiative, Referendum, and Recall." 

James Sullivan. 

Plandome, Long Island, June, 191 2. 



SUGGESTIONS TO TEACHERS. 

There is a somewhat prevalent notion among teachers 
that the object of studying our local and State governments 
is to encourage local pride and patriotism. This, it is sup- 
posed, will make the student a better citizen. There is 
nothing, however, which is more erroneous. Such teaching 
leads the pupil to have wrong notions of the importance 
of his own locality, to have his perspective so distorted as to 
see only the good and none of the bad, and to make no 
effort to work for a change in the imperfect because he 
thinks it perfect. There is no worse citizenship than is 
expressed in the words : " We are all right." This blatant 
self-satisfaction with what we have is responsible for our 
" corrupt but contented " style of government. 

Our most patriotic citizens are those who see the defects 
of our institutions, not those who sit with folded hands and 
think that democratic principles have brought the millen- 
nium. Because we teach our pupils to see wherein we have 
failed and are failing in carrying out these principles, it is 
not to be urged that we are teaching them to be unpatriotic. 
Patriotism is a matter of slow growth and takes care of itself 
without being taught. It is like love of one's mother — it 
needs no cultivation. The quality which we teach in our 
schools by the overemphasis which we lay on our perfec- 
tions is " jingoism." With some this may pass for patriot- 
ism, but it is as different from that as day from night, and 
the less we have of it the better. 

Another danger which the teacher of local government 

ix 



X SUGGESTIONS TO TEACHERS. 

must avoid is the spirit of narrow provincialism which un- 
fortunately is altogether too common in this country. The 
silly but sometimes bitter rivalry which exists between some 
cities and States of our Union is at times directly traceable 
to school instruction. If we cannot get good citizenship 
except by vilifying or depreciating our neighbors, it is some- 
thing we had better do without. Good citizenship is not 
narrow and provincial, but broad. It has the world for its 
teacher and from her it learns to borrow the good wherever 
that is to be found. If Germany has better municipal gov- 
ernment than we have, it is our duty as good citizens to 
profit by her example, or at least to teach our children that 
the Germans manage their municipalities better than we. 

It is not necessary, however, to " harp " on the bad quali- 
ties of our government all the time. There is a danger, in 
these days of newspaper exposures of political corruption, 
of the pupil getting to believe that all men connected with 
public life are guilty of wrongdoing simply because a few 
cases are brought to light. This must be guarded against 
and the pupil made to realize that by far the larger number 
of men in political life are honest and incorruptible. The 
points wherein we excel others may be brought out as well 
as those wherein we fail. Our present tendency, with our 
pupils at least, is to gloss over the latter and that is why 
we have to be on our guard. 

From these few remarks it will be seen that the teacher 
of civics must know other governments — local and National 
— besides his own, must be a close reader of the newspapers 
and their editorials, and must be ready at all times to discuss 
present-day problems and politics as illustrating the actual 
working of the machinery of government as it is studied in 
the text. Teachers should by every means in their power 
encourage the pupils to read the best of our newspapers and 
to make scrap albums of clippings which relate to the sub- 



SUGGESTIONS TO TEACHERS. xi 

ject under discussion. In conjunction with this should go 
the visits to legislative assemblies, interviews with local 
officers, leaders and active citizens, and reports from ob- 
servation on the methods of conducting the business of some 
local department. The pupil should be made to see the gov- 
ernment in its actual working as much as possible and to 
realize for himself how much or how little it differs from 
the theory. 

A great deal of space has been given to cities. It is 
hoped that teachers will find it possible to give much more 
time to this division of our government than has hitherto 
been the case. 

The suggestive questions at the close of chapters are not 
meant to be such as can be answered from a reading of 
the text. They are intended to make the pupil think, con- 
sult books outside the text and ask questions of men who 
are acquainted with the machinery of government. The 
teacher will be able to frame others of the same sort as 
the study of the various chapters progresses. 

No " outlines " of chapters or of departments of govern- 
ment have been given. It was felt that the making of these 
was an exercise which should be left to the pupil. 

The following short list of books will prove helpful : 

BIBLIOGRAPHY. 

Andrews, Gambrill, and Tall, A Bibliography of History 
for the Teacher. 

ON METHOD. 

Martin, G. H., Hints on the Teaching of Civics. 
Bourne, H. E., The Teaching of History and Civic v. 
New England Hist. Teachers' Association, Report of the 
Civics Committee. 

REFERENCE LISTS FOR OUTSIDE READING. 

Hart, A. B., Actual Goveni7ne?it. (List at heads of chapters.) 
MOREY, W. C., The Government of New York. (List at heads 
of chapters.) 



xii SUGGESTIONS TO TEACHERS. 

STATISTICAL MATERIAL. 

Murlin, E. L., The New York Red Book. (Annually.) 
Secretary of State, The Legislative Manual. (Annually.) 
Almanacs of the New York City Daily Newspapers : 
American, Eagle, Tribune, World. 

GOVERNMENT OF NEW YORK STATE. 

Morey, W. C, The Government of New York. 
Revised Statutes of New York State. 

GOVERNMENTS OF OTHER STATES. 

A?nerican State Series, edited by W. W. Willoughby. 

FOREIGN GOVERNMENTS. 

Wilson, Woodrow, The State. 

CITY GOVERNMENT. 

Shaw, A., Municipal Government in Continental Europe. 
Shaw, A. , Municipal Government in Great Britain. 
GOODNOW, F. J., City Government i?i the United States. 

NEWSPAPERS FOR YOUNG PEOPLE. 

Our Own Times, Brooklyn. 
Current Events, Springfield, Mass. 



CONTENTS. 

PAGE 

Suggestions to Teachers ix 

The State Syllabus . xiv 

CHAPTER 

I. The Constitution i 

II. Constitutional Rights 7 

III. The Legislature . . . . . . .12 

IV. The Working of the Legislature ... 24 
V. The Executive 32 

VI. The Judiciary 40 

VII. The Working of the Courts . . . .51 

VIII. Local Government: County, Town, and Village 63 

IX. Local Government: Cities 71 

X. Nominations and Elections 86 

XI. Local Taxation 106 

XII. State Finance .117 

XIII. Education 125 

XIV. Amendments to the Constitution . . . .138 

State and Local Officers 142 

The Constitution 145 

INDEX 199 

MAPS AND ILLUSTRATIONS. 

Capitol at Albany Frontispiece FA £S 

Map of Senatorial Districts 14 

Map of Assembly Districts 15 

Map of Judicial Districts and Departments . . 42 

Map of New York City 74 

Specimen Primary Ballot 92 

Specimen Ballot 93 

The New Education Building at Albany . . .127 

xiii 



THE STATE SYLLABUS. 1 

Preliminary Steps. 

i. Make a list of some twenty or more services rendered 
to the pupils or their families by some governmental unit 
and classify these as rendered by (a) the school district, 
(b) the town, village, or city, (c) the State, (d) the nation, 
and discuss the relative importance of these various ser- 
vices to the well-being of the pupil. (Page i.) 2 

2. Determine why these services are not left to the in- 
dividual to perform; the advantages of co-operation; the 
necessity of some surrender of individual control in any 
organized community. (Page 7.) 

3. A brief resume of the rise of co-operative control by 
the body of citizens in our own country as seen in build- 
ing stockades, roads, schools, supporting a church, etc. 

The School District. (Pages 131/.) 

A study of the school district to bring out the following 
points : 

1. How composed. 

2. Its boundaries, how determined. 

3. Its officers and the duties of each. 

4. Its independence of town and village governments. 

5. School meetings— annual and special; the business 
transacted at school meetings. 

6. Union free school districts, how they differ from com- 
mon school districts. 

The Town. (Pages 65/.) 

1. The study of the activities of the town. 
a. In roadmaking and bridge-building. Importance of 
roads to the farmer. Good and bad kinds of road. 
Share of the county and of the State in road-making 
and maintenance. 

1 See note on page xxvii. 
1 The page references are to this book. 



THE STATE SYLLABUS. XV 

b. The care of the poor. 

c. The keeping of order. (Pages 44 jf.) 

d. The town meeting. Election of town officers. Vot- 
ing of funds. 

2. The town officials: the double service of the supervisor; 
other officials and the duties of each. 

Note. — It will add interest and reality to the study, if the officials them- 
selves will meet the class and explain the nature ot their services- to the 
town. At any rate legal blanks should be secured from the different 
officials and their use made clear. 

The Village. (Pages 66/.) 

1. A study of the particular natural advantages or condi- 

tions which have caused the relatively close settling of 
a number of families in a small area. The new con- 
ditions made necessary by such centres of population: 

a. Macadamized or paved roads. 

b. Sidewalks and curbs. 

c. Sewers. 

d. Street lights. Whether under public or private control. 
Relative advantages. Method in other villages. Cost. 

e. Water supply. Public or private. Relative advan- 
tages. Methods in other villages. Cost. 

/. Removal of refuse. 

g. Street cleaning. 

h. Fire protection. Volunteers or paid department. 

i. Care of the public health. * 

j. Administration of justice. (Pages 44 Jf.) 

k. Graded and higher schools. 

2. Classes of villages; the village charter, class to which 

the pupils' village belongs. The village officials: the 
terms of office and duties of each. 

3. Election of the village officers. Time, and reason for it. 

The City. (Pages 71/.) 

1. A study of the natural advantages and other conditions 
which have caused" the pupil's place of residence to 
become a city. (Consult Wilcox, The American City, 
and Willard, City Government for Young People.) 



xvi THE STATE SYLLABUS. 

2. The street the central element of city life. How the 

activities and conditions named in 3 to 7 are cared for 
in the student's home city; what official is responsible 
for each activity ; how he gets his position ; how he 
may be made to perform his function properly; and, 
throughout, a comparison with the practices of other 
cities within and without the State. 

3. The laying out (including condemnation proceedings) of 

streets; their paving and maintenance ; kinds and cost 
of surface; right to tear up "pavement; duty to rer 
place; sidewalks and curbs; cleaning of sidewalks; 
traffic regulations. 

4. Bridges; to be studied in the main as roads. 

5. Other utilities found on, in, or under the streets. 

a. Sewers and sewage disposal. Comparison of meth- 
ods. 

b. Streetlights; how supplied. 

c. Gas mains and connections. 

d. Electric wires; pole or conduit system. 

e. Water mains and connections. 

/. Transportation lines; surface, elevated, or subway. 
g. Steam railways in streets; grade crossings. 

6. Street cleaning; snow removal. 

7. In the case of each of the foregoing utilities a discus- 

sion (if apposite) of public versus private ownership. 
In case of the latter a discussion of the obtaining of the 
* franchise. The welfare of the community as dependent 
upon the proper management of these utilities. 

8. The rights and duties of citizens on the streets. 

9. Building laws and permits. Peculiar problems of city 

life arising from the existence of tenement houses, high 
buildings; how met and regulated. 

10. Fire department; effect of its efficiency on insurance 
rates. 

11. Police work; preventive, protective. 

12. The school system; appointment of teachers; compul- 
sory school law and its enforcement. (Pages 134 Jf.) 

13. Parks and recreation centres; baths; washhouses. 

14. Museums, lectures, free concerts. 






THE STATE SYLLABUS. xvn 

15. Care of the poor; city institutions. 

16. Care of the sick and injured. 

17. City courts; civil and criminal; juvenile; relation to 
county and State courts. (Page 45.) 

18. City penal institutions. 

19. City finances. 

a. The cost of the services mentioned in 10-18. 

b. Sources of revenue : licenses, fines, fees, rentals of pub- 
lic property, taxes, special assessments. 

• c. Assessments for taxation purposes. The real estate 
and personal tax, with reasons for growing neglect of 
latter. (Pages 108 Jf., 116.). 

d. The tax rate. City rate as compared with State and 
federal taxes. 

e. Making the budget. Revenues and expenses for the 
last financial year. 

/. City debt; limitations. (Page 82.) 

20. Systematic outline of the framework of the city govern- 
ment with a tabulation of the chief officials and their 
duties, where feasible using the city charter as a guide. 
Officials removable by State authority. Classification of 
officials as legislative, executive, or judicial. (Page 144.) 

21. Choosing of above officials. City elections ; when held, 

and why at that time. National party lines usually 
not drawn in city affairs. Duty of the citizen to take 
part in organized city politics. (Pages 81 Jf., 86, 104.) 

22. Classes of cities. Classification of the student's city. 

The charter; how obtained; its functions; changes in 
the charter, how made. (Pages 71 jf.) 

23. Comparison of general systems of city government. 

The commission plan (Des Moines, Galveston). Need 
of fixing responsibility. 

The County. (Pages 64/.) 

The county has hitherto been largely ignored in the study 
of civics. The collection of its taxes at the same time 
and on the same bill as the local tax leads to this. It 



xvm THE STATE SYLLABUS. 

has important distinctive services. Many cases at 
law go to county courts. Registration of deeds and 
mortgages, probate and administration of wills are 
county functions. Also the main highways and bridges 
are chiefly under county control outside the great 
cities. The county is responsible for the preservation 
of order, 
i. City counties. Some cities are identical in boundaries 
with a county; others (New York City) include several 
counties. In such cases city and county government, 
in part coincide, and certain county officials are re- 
placed by city officials. (Pages 63 f-) 

2. County officials: duties of each; how chosen; how 
removed. 

3. County finances. 

a. The expenses of the county. 

b. The county tax; how levied; how collected. 

4. The judicial system. (Pages 51 Jf.) 

a. The grand jury: composition; selection; duties 
(indictment, presentment) ; mode of procedure. 

b. The trial or petty jury: list of jurors, and how 
made; liability to jury duty, and exemption there- 
from; duty of the citizen to serve as a juror; selec- 
tion of the panel; number; requirement of unani- 
mous verdict; pay of jurors. 

c. Duty of district attorney. 

d. Duties and jurisdiction of county judge. (Page 43.) 

e. Duties of sheriff; in execution of civil judgments 
and criminal sentences; preservation of order; the 
posse comitatus. (Page 64.) 

/. The crime of perjury. 



The Government of the State. 

I. the Constitution of the State of New York. (Pages if) 
A. By whom established; why established; how estab- 



lished; by whom drafted. 



THE STATE SYLLABUS. xix 

B. Importance of the Constitution as the fundamental 
law seen. (Pages 7 jf.) . 

1. In guaranteeing personal rights. 

2. In determining suffrage rights and the manner and 
the time of voting. 

3. In creating legislative bodies, defining their duties 
and limiting their action. 

4. In creating executive and administrative offices and 
defining the duties thereof. 

5. In creating State and local courts. 

6. In safeguarding State and local credit and caring 
for public property and public institutions. 

7. In providing free schools and academies. 

8. In providing for its own amendment. 

II. Activities of the State. (Pages iff.) 

The State the greater regulator of our everyday life, as 
shown. 

A. In its creation and control of: 

1. The school district, the town, city, and county, 
with their close relation to our daily life as already 
shown. (Pages ijf.) 

2. The personnel of the voting body, by fixing their 
qualifications, even those of voters for federal 
officers. (Pages iojf.) 

3. The number, kind, and qualifications of the elec- 
tive and appointive officers of the lesser units, 
including the power of removing many city and 
county officials by State authority. 

B. In its enactment and enforcement of the great 
majority of the laws which govern the citizen in 
his daily life, such as: 

1. Creation and safeguarding of all civil and prop- 
erty rights; with regulation of transfers and in- 
heritances. 

2. Creation and control (save for interstate com- 
merce) of all corporations. 



xx THE STATE SYLLABUS. 

3. Special control of all banks and trust companies 
save national banks, and of all insurance com- 
panies and building and loan associations. 

4. Control of all common carriers so far as traffic 
within the State is concerned. 

5. License and control of the liquor business. 

6. Sanitary regulation. 

7. Exercise the right of eminent domain. 

8. Supervision of education. 

9. Authorization of the levying of all taxes for State 
and local purposes. 

10. Provision for certain portions of the defective, 
dependent, and delinquent classes. 

III. Organization of Government. (Pages 12 jf.) 

These various activities of the State, as of the local unit, 
require for their exercise the three organs of government: 
the lawmaking, the law interpreting, and the law enforcing; 
or the legislative, judicial, and executive departments. 

A. The State legislative department. 
1. The State Legislature. (Pages 12 jf.) 

a. The source of the lawmaking power, representing 
"people of the State of New York." 

b. The Legislature divided into two houses; advan- 
tages; disadvantages. 

c. Composition of Senate; how elected; compensa- 
tion. 

d. Composition of Assembly; apportionment; the 
State census; election; compensation. 

e. The Assembly at work. (Pages 15 jf., 24 jf.) 
(1) Organization. 

(a) The Speaker: his election; the party cen- 
sus; powers of the Speaker; in the appoint- 
ment of committees; in his " recognition " of 
members; in his chairmanship of the com- 
mittee on rules, (b) The Clerk, (c) Minor 
officers. 



THE STATE SYLLABUS. xxi 

(2) Making a law; distinction between a legisla- 
tive bill and a law. 

(a) Safeguards against hasty and ill considered 
legislation. 

Introduction of a bill — its sponsor. 

Printing and publicity. 

The three readings on three different days. 

Reference to a committee that discusses, may 
amend, and may give public hearings. 

Revision, if necessary, by special revision 
committee. 

Report of bill by its committee to house; 
possible debate, amendment, and recommit- 
tal to original committee or some other 
committee. 

Note. — All legislative bills must pass both houses, each of which takes 
similar precautions before it goes to the Governor, who may seek expert 
advice and give public hearings before m aking a bill a law by his signature. 

(b) Legislative committees: majority and mi- 
nority composition ; the principal committees ; 
the great advantage of committees. 

(c) Majority and minority leaders in the As- 
sembly; advantages of this leadership. 

(d) The Speaker and Clerk, their services. 
/. The Senate at work. 

(1) Organization. 

(a) The Lieutenant-Governor as presiding offi- 
cer; his voting power; influence compared 
with that of the Speaker of Assembly, (b) 
The President pro tempore, (c) The Clerk. 
(d) Minor officers. 

(2) The course of a bill; similar procedure to that 
of the Assembly. 

Bills may originate in either house [see Constitutional 
limitation of right to originate money bills to lower house 
in Congress], and from it pass to the other house. 

Conference committees where the two houses fail at first 
to agree on a measure. 



xxii THE STATE SYLLABUS. 

[For course of a bill after it leaves the Legislature see 
powers of Governor.] (Pages 38 jf.) 

g. Legislative commissions: joint, or of either house, 
for investigating any matter whatsoever within 
compass of State legislation. 

h. Powers peculiar to each house. 

(1) Assembly may present impeachments of high 
State officials. 

(2) The Senate, with the justices of the Court of 
Appeals, the court for trial of impeachments. 
The right of confirmation or rejection of ap- 
pointments by the Governor. 

i. Powers common to the two houses: 

In joint session to elect United States senators, and 
regents. 
j. General powers of the Legislature. (Pages i6Jf.) 
Limited only by federal and State constitutions; 
otherwise, may pass any law it pleases. Scope 
of State legislation therefore much more varied 
than that of federal legislation. 

B. The State executive. (Pages 32 jf.) 
1. The Governor. 
Overshadowing importance of Governor; due to 

a. His share in legislation, as shown by: 

(1) Regular and special messages to the Legis- 
lature. 

(2) Power to call special sessions of Legislature 
which have the right to deal only with meas- 
ures indicated in special call. 

(3) Power over a bill which has passed the Sen- 
ate and Assembly: three ways in which a 
Governor may treat a bill; the power to veto 
single items of an appropriation bill. 

b. His executive powers as shown by: 

(1) Appointment of a large number of adminis- 
trative officials and boards charged with the 
duty of carrying out the laws of the State — 



THE STATE SYLLABUS. xxiii 

1 8 such departments, the more important of 
which are: 

(a) Commissioner of Excise, (b) Civil Ser- 
vice Commission, (c) Commissioner of Labor. 

(d) Public Service Commissions : one for met- 
ropolitan district, one for remainder of State. 

(e) Superintendent of Banks. (/) Superin- 
tendent of Insurance. 

(2) Power of removal of certain State officers 
with consent of the Senate; and of certain 
county and city officers independently. 

(3) Control of the militia. 

(4) Power to assign justices to special duties. 

(5) Power to fill vacanices in certain judicial, 
county, and State offices and to appoint a 
United States senator to a vacant seat pend- 
ing election. 

c. His judicial powers as shown by 
Right of reprieve, commutation and pardon. 
(Boards of pardon in some other States.) 

2. Elective executive officials. 

a. Governor. 

b. Lieutenant-Governor. 

c. Secretary of State. 

d. Comptroller. 

e. Attorney-General. 

/. State Engineer and Surveyor. 

Election; term; general duties; removal by im- 
peachment. 

Executive power of the State divided, or in commis- 
sion, because these elective officials may be of 
different parties. Lesser officials independent of 
Governor; in no sense a cabinet; advantage or 
disadvantage of this arrangement. 

3. The State Education Department. (Pages 127^".) 
a. The Education Department embraces in its juris- 
diction the entire field of educational supervision 
and administration. It is governed by a Board 



THE STATE SYLLABUS. 



of Regents and a Commissioner of Education. 
The Commissioner of Education appoints three 
assistant commissioners each of whom has charge 
respectively of higher, secondary, and elementary 
education. Statutory provisions in regard to ed- 
ucation and State appropriations for educational 
purposes are, of course, made by the Legislature, 
but numerous legislative powers over matters of 
detail are delegated to the Board of Regents, and 
full executive and administrative powers are in- 
trusted to the Commissioner of Education both 
by the Legislature and by the Board of Regents. 
The Commissioner of Education also acts as chief 
judicial officer in all questions of law pertaining 
exclusively to the public school system. 

b. The Board of Regents. 

(i) How constituted: number; choice; term of 

office; when established; original purpose. 
(2) Duties. 

(a) Confirmation of appointments, (b) Grant- 
ing of charters, (c) Visitation and examina- 
tion, (d) Care of the State Library and the 
State Museum, (e) Care of public libraries 
and educational extension. (/) Supervision 
of academic and professional degrees. 

c. The Commissioner of Education. 

(1) How chosen. 

(2) Duties. 

(a) Appointment of subordinates, (b) General 
supervision of schools, school officials, and edu- 
cational institutions, (c) Distribution of State 
appropriations for education, (d) Judicial 
powers, original and appellate: interpreting 
school laws; deciding appeals. 

C. The State judiciary. (Pages 40 Jf.) 

Has jurisdiction in cases beyond the power of inferior 
and county courts, and on appeal from such: 



THE STATE SYLLABUS. xxv 

i. The Supreme Court; judicial districts; election of 
justices; their number and term. 

2. Appellate divisions of the Supreme Court; number; 
how justices are assigned to each. 

3. The Court of Appeals; judges; their election, num- 
ber, and term; jurisdiction. 

4. The Court of Claims; constitutional reason for it. 

IV. Instruments of Government. 

A. Finances. (Pages 119/.) 

1. State budget: expenses for 

a. State administrative departments. 

b. The Legislature. 

c. The Judiciary. 

d. Prisons; reformatories. 

e. Charity. 

/. Education. 
g. The militia. 
h. Public works. 

2. Revenues, from taxes on 

a. Organization of corporations. 

b. Current business of corporations. 

c. Inheritances. 

d. Transfers of stocks. 

e. Liquor traffic. 

/. Property. Latter very slight in New York State; 
required by Constitution to meet State debt. Fa- 
vorable position of New York State in matter 
of property tax; reasons. How apportioned and 
collected. (Pages io8Jf.) 

3. The State debt. 

Revenues sufficient for ordinary expenses. 

B. State control of elections. (Pages 86 Jf.) 

All elections, even of federal officials, under State law. 
1 . The franchise ; meaning of suffrage ; who may vote ; 
disqualifications. (Pages lojff.) 



xxvi THE STATE SYLLABUS. 

2. Election districts. (Pages gof.) 

a. The State one district for federal officials and for 
major State officials. 

b. Congressional. 

c. Judicial. 

d. Senatorial. 

e. Assembly. 
/. County. 

g. School commissioner.* 
h. Village. 
i. School district. 
j. City. 
k. Borough. 
I. Aldermanic. 
Pupil's district for each of above elections. 

3. Time of election in each of above districts. Rea- 
sons for separating local elections as far as possible 
from State and federal elections. 

4. Nominations: party organization in election dis- 
tricts; the leader; the primary; party enrolment 
at registration; the direct primary; nomination by 
petition; the ascending scale of committees and 
conventions; party platforms. 

5. Registrations; why more important in cities than 
in rural districts. 

6. Voting: the polling places; preparation of the 
ballots; form of ballot; reasons for secret ballot; 
marking the ballot; straight ticket; split ticket; 
election officers at the polls; challenging a vote; 
demand for a shorter ballot; the Massachusetts 
form; voting machines. 

7. Counting the vote; disposition of ballots; canvass- 
ing the votes; certificates of election. 

8. Majority and plurality; practice of this State; of 
other States. 

*The office and district are now abolished and those of District SuDerintendent and his 
district substituted. J. S. 



THE STATE SYLLABUS. xxvn 

9. Election expenses ; how far legitimate ; sworn state- 
ments by candidates; campaign funds; publicity; 
how raised; for what used. 
10. Bribery; viciousness of; laws against. 

V. Comparison of State Governments. 

Newer State constitutions tend to become much more 
extensive than those of older States (Oklahoma an extreme 
case). Reason for this; distrust of State Legislatures. 
Wide diversity of laws in the 46 States; evils of this; the 
newly formed and extra-constitutional "House of Gov- 
ernors," an attempt to lessen this evil. 

Note. — Teachers must be on their guard against regarding a syllabus as 
so sacred that it must be followed against their better judgment. The 
most that any syllabus-maker wishes to accomplish is that the syllabus 
shall serve as a guide for work and give the subject-matter of a course. 
The order of presentation may vary with the teacher or school provided 
the topics given are covered. There are many of these in this syllabus 
such as can not possibly be covered in the confines of a small text. Such, 
for instance, are those topics on the village and the city, which the authors 
of the syllabus intended should be drawn from the class by questions put 
by the teacher, testing the general powers of observation and reason by 
the pupils. — J. S. 



THE GOVERNMENT OF THE STATE 
OF NEW YORK. 

CHAPTER I. 

THE CONSTITUTION. 

Importance of the State. — We have already spent a 
great deal of time and space on the study of the National 
government, but we must always remember that so far 
as our daily life is concerned the State government is 
far more important than the National. It is the State 
which decides on the form of government of our coun- 
ties, towns, and villages, and grants charters to our 
cities. It is the State which through these local govern- 
ments, or directly, makes provision for the public health 
and the public education of the citizens; establishes asy- 
lums, prisons, and houses of correction; manages the 
public lands, takes care of the forests, fish and game, 
promotes agriculture, regulates labor and domestic com- 
merce; builds and cares for canals, and grant charters to 
and controls corporations. Among the most important 
of the latter, which affect us directly, are gas companies, 
street and steam railway corporations, and food-product 
concerns. When we see that the State has so many 
activities, we realize why it is so very important to under- 
stand thoroughly the government of the State. 



2 THE GOVERNMENT OF NEW YORK. 

Constitutions of New York. — The details of the form 
of government of our State — sometimes called the Em- 
pire State because of its great wealth and population — 
is determined, like the governments of the United States 
and the other States, by a document known as the Con- 
stitution. We have had in our history four different 
State constitutions. The first was made in 1777, the 
second in 182 1, the third in 1846, and the last in 1894. 
Why we have had so many when the National govern- 
ment has had only one during the same period of 
time will become clear if we carefully consider the mat- 
ter. It is well known how difficult it is to change the 
Federal Constitution and how it has been " stretched " 
in order to include powers or functions which were 
not expressly stated in the document itself. It has 
not been necessary to do this with our State Constitution, 
because it has usually been an easy matter to get a wholly 
new Constitution or to change the one which we had. 
This is true for the following reasons : ( 1 ) Having the 
people of one State instead of many States to deal with it 
was an easy matter to find out whether they wanted a con- 
stitutional convention called in order to draft a new Con- 
stitution. (2) The method of amendment has been 
simpler. Though the Constitution of 1777 made no pro- 
vision for amendments, it was possible for the Legisla- 
ture by a mere majority vote to call a convention for the 
purpose of changing the Constitution. By the Constitu- 
tion of 1 82 1 it was made possible to add an amendment 
to the Constitution if a mere majority of each house of 
the Legislature voted for it and two-thirds of each house 
of the subsequent Legislature approved of it. (3) Being 
in a small area, the people were more likely to be nearly 



THE CONSTITUTION. 3 

of one mind as to any change which was thought desir- 
able. 

Constitution of 1777. — This Constitution, like the con- 
stitutions of the other States adopted at about the same 
time, was drawn up at the suggestion of the Continental 
Congress, then in session at Philadelphia (May 10, 1776). 
It did not attempt to create new institutions, but provided 
for those to which the people had been used during the 
previous history of the colony. Provision was thus made 
for a governor, a lieutenant governor, executive councils, 
a legislature of two houses, all chosen by the people, and 
a system of courts the judges of which were to be 
appointed. Under the colonial government no one had 
been allowed to vote unless he owned a certain amount 
of property, and this restriction remained in force in this 
Constitution. To protect the citizen in the enjoyment of 
what he considered his fundamental rights certain clauses 
defining these were put into the Constitution. These 
came to be called the " Bill of Rights." 

This Constitution, like the later Federal Constitution, 
was short, and barely outlined the form of government. 
The form of government has remained the same through- 
out the history of the State, but the document itself has 
been increased so much in length that it is more like a 
book of laws than a definition of the various departments 
of government and their powers. 

Under this Constitution the power which had belonged 
to the King passed to the people. They had a strong 
feeling at this time against tyranny and " one-man 
power," and hence they made the authority of the office 
of governor as weak as possible, and put the control of 



4 THE GOVERNMENT OF NEW YORK. 

the government largely into the hands of the Legislature. 
The governor did not have the powers of veto and 
appointment. These were given to two special councils 
of which the governor, though a member, was only one 
among several other members. Even a veto made by a 
council could be overborne by the Legislature. The 
judges were appointed to office by one of these councils. 

Constitution of 1821. — In the period between 1777 and 
1 82 1 the people experienced a change of feeling. They 
no longer had such a dread of tyranny as they had had 
when George III. ruled them, and they were more demo- 
cratic in their attitude toward the privilege of voting. 
Several disputes having arisen under the Constitution of 
1777 which could not be settled, a convention was called 
and drew up the Constitution of 1821. In accord with 
the changed feelings mentioned above, the restrictions 
on the privilege of voting were made less severe, the 
power of veto was taken from the council and put into 
the hands of the governor, subject of course to the power 
of the Legislature to pass a bill over his veto, and the 
power of appointment to such offices as those of the sec- 
retary of state, the treasurer, the attorney-general was 
taken away from the council and put into the hands of 
the Legislature. The appointment of judges, however, 
was invested with the governor, subject to the approval 
of the upper house of the Legislature. Thus by this 
Constitution the power of the governor was increased 
and the Legislature gained additional prerogatives in the 
matter of appointments. 

Constitution of 1846. — Between 182 1 and 1846 a great 



THE CONSTITUTION. 5 

wave of democracy swept over our country, New York 
included. The people showed themselves desirous of 
getting more and more power into their own hands, 
and of restricting the powers of both the governor and 
the Legislature. They no longer trusted the men whom 
they chose to represent them. By an amendment to the 
Constitution of 1821, passed in 1826, all property quali- 
fications for the privilege of voting were swept away, 
and in 1845 another amendment was passed making it 
unnecessary for a man to have property in order to hold 
office. The result of these amendments was that the 
convention of 1846 called for revising the Constitution 
was overwhelmingly Democratic. The people had turned 
out in force to choose delegates to a convention which 
would give them the power. Thus by the Constitution 
of 1846 the power of appointing such officers as the sec- 
retary of state, the treasurer, and the attorney-general 
was taken away from the Legislature, and the power of 
appointing judges was taken away from the governor. 
Henceforth executive officers like those mentioned above 
and the judges were to be elected directly by the people. 
Heretofore the Legislature had been permitted to pass 
laws on almost all subjects, but in the Constitution of 
1846 a list of subjects was put down on which the Legis- 
lature could not legislate. These restrictions, which re- 
late to a variety of subjects, such as lotteries, divorces, 
charters, and State debts, have tended to increase as 
new constitutions are made or amended. With its pow- 
ers in legislation more and more diminished the Legisla- 
ture has declined in importance, and the people have used 
their right of revising and amending the Constitution 
as a sort of means of legislating directly for themselves. 



6 THE GOVERNMENT OF NEW YORK. 

Constitution of 1894. — By 1866 the need of a revision 
of the Constitution was again felt, and a convention was 
called in that year. Its work was unsatisfactory and its 
proposals were rejected by the people. Between that 
date and 1894 the people had grown to distrust the 
Legislature more and more and to place more confidence 
in the governor. They came to regard him and his veto 
as the bulwark against hasty and bad law-making by the 
Legislature. When, therefore, a convention met in 1894 
to revise the Constitution there was an observable ten- 
dency to increase the governor's authority and to put 
more restrictions on the Legislature. The most impor- 
tant of these was that aimed against special laws for 
individual cities. In order to prevent it the Constitution 
divided the cities of the State into three classes accord- 
ing to their population. Then any law that may be 
passed affects all the cities of any one class and not sim- 
ply a single city. Other clauses were added to the Con- 
stitution, making it the longest we have as yet had. As 
this Constitution of 1894 is that under which we are now 
living, we shall turn to its consideration. 

SUGGESTIVE QUESTIONS. 

1. Make a list of the things which you or your parents do day by 

day which are affected by (1) National laws, (2) State laws. 

2. What is the difference between a legislature and a convention ? 

3. Sum up the advantages and disadvantages of having the people 

legislate directly by revising or amending the Constitution. 

4. Find out the number of pages in the Federal Constitution and 

compare it with the number of pages in the State constitu- 
tions of 1777, 1821, 1846, 1894. (See Poore, Charters and 
Constitutions.) 



CHAPTER II. 

CONSTITUTIONAL RIGHTS. 

Natural Rights. — In the eighteenth century, at the time 
when our first Constitution was made, the people gener- 
ally believed that all early government began in what they 
called a " social compact." According to that all men 
were in a state of nature something similar to the state 
in which we found the savages when we first came to this 
country. They thought that men all came together and 
decided to have a government. In order to do this men 
had to give up certain rights which they had all enjoyed 
as individuals before they decided to have a government. 
There were some rights, however, which were regarded 
as " inalienable " — that is, they could not be surrendered 
or given up by anybody. These rights were life, liberty, 
and the pursuit of happiness. It was thus that the people 
of the eighteenth century believed that government was 
a " necessary evil." They thought that man had more 
rights in a " state of nature," as they called it, than he 
had when governments were formed. Nowadays we 
know that people were all wrong in believing this. We 
know that government was a matter of very slow growth 
and did not come from any " social compact." We 
know further that what rights we enjoy were made 
possible to us by an organized government. Before gov- 
ernment grew up there were no rights which anybody 
could call his own. He was in danger of being killed, 

7 



8 THE GOVERNMENT OF NEW YORK. 

of having his property taken away from him, or of being 
made a slave by somebody who was stronger than he. 
As there was no government, there was no one to whom 
he could look for protection. What good were his rights 
if he could not enjoy them? We know now that what 
rights we have are made possible to us by the govern- 
ment. We also know that if all the people, forming what 
is technically known as the " social body," wish to de- 
prive individuals of the right of holding private property, 
they may do so. Government is only the machine which 
the people use to do their will. They may give to the 
government the power to do anything that they wish it to 
do, or they may deprive it of any power which they do 
not wish it to exercise. The powers which the govern- 
ment of this State is or is not to have are carefully laid 
down in the Constitution. 

Divisions of the Constitution. — Our State Constitution, 
like the Federal Constitution, opens with a Preamble. 
This is : " We, the people of the State of New York, 
grateful to Almighty God for our Freedom, in order to 
secure its blessings, do establish this Constitution." 
The Constitution is divided into fourteen articles, and 
these in turn are divided into sections, but' for purposes 
of convenience we may group them all under four chief 
divisions. The first of these we will call the " Bill of 
Rights," because in it are placed certain rights which 
the people have declared that the government cannot 
take away from the individual (Articles I, II). The 
second division has to do with the " departments of 
government " — the Legislature, the Executive, and the 
Judiciary (Articles III, IV, V, VI). The third em- 



CONSTITUTIONAL RIGHTS. g 

braces powers other than those over individual rights 
which the people have denied to the government, or sub- 
jects on which they have chosen to legislate directly by 
placing them in the Constitution (Articles VII, VIII, 
IX, X, XI, XII, XIII) . The fourth and last division 
deals with amendments to the Constitution (Articles 
XIV, XV). 

Bill of Rights. — This is a portion of the Constitution 
about which the people of the time of the Revolution felt 
very strongly. From the time of the Magna Charta to 
the American rebellion from the tyranny of George III. 
Englishmen had struggled to prevent the government 
from denying certain rights to the individual. These 
rights had been set down in the most celebrated docu- 
ments in English history — Magna Charta, 12 15, Petition 
of Right, 1628, and the Bill of Rights, 1689. They are 
the same as appear in the first eight amendments to the 
Federal Constitution: Trial by jury, religious liberty, 
habeas corpus, no excessive bail, fines or punishments, 
indictment by a grand jury for serious offenses, no per- 
son to be twice put in jeopardy for the same offense, no 
one to be compelled in a criminal case to be a witness 
against himself, no person to be deprived of life, liberty, 
or property without due process of law, no private prop- 
erty to be taken for public use without just compensa- 
tion, freedom of speech and the press, and right of peti- 
tion. All of these are either clear in themselves or have 
been explained in the first portion of this book. 

In addition to these there are certain other provisions 
restricting divorces, prohibiting lotteries, pool-selling, 
book-making, and other forms of gambling, and several 



io THE GOVERNMENT OF NEW YORK. 

sections relating to an old system of landholding, which 
was in existence during colonial times. 

Voting. — Of greatest importance are the clauses which 
relate to voting. This did not appear among the 
" rights " for which Englishmen had struggled in their 
early history. It is a " privilege " which has been granted 
to citizens without distinction in New York State only 
during the course of the nineteenth century. Now the 
Constitution provides : " No member of this State shall 
be disfranchised , or deprived of any rights or privileges 
secured to any citizen thereof unless by the law of the 
land, or the judgment of his peers." That is to say, that 
the Legislature cannot by merely passing a law deprive 
a member of the State of such rights or privileges. To 
be deprived of them a member of the State must be tried 
and convicted of having done something which under the 
Constitution of the State makes him incapable of enjoy- 
ing the rights and privileges of the ordinary citizen. 

Qualifications of Voters. — Not everybody who lives in 
the State, however, enjoys the privilege of voting. The 
Constitution makes this clear. A voter must be a male 
citizen twenty-one years of age; he must have been a 
citizen for ninety days ; and he must have been an in- 
habitant of the State for at least one year next preced- 
ing the election at which he offers his vote. But this is 
not all. He must be a resident in the place where he 
wishes to cast his ballot. He must have resided in the 
county for at least four months and in the election dis- 
trict for at least thirty days before election day. 



CONSTITUTIONAL RIGHTS. n 

Persons Excluded from Voting. — Nevertheless, a man 
having all the above qualifications is deprived of the 
privilege of voting if at any time he is convicted of hav- 
ing taken or given bribes at an election, or of having 
committed any other infamous crime. In earlier times, 
as we have seen, there were many more persons excluded 
from the privilege of voting than at present. Under the 
Constitution of 1777, all negroes, free or slave, were 
excluded; under that of 1821 free negroes owning a cer- 
tain amount of property were allowed to vote, but it was 
not until the amendment of 1874 was made to the Con- 
stitution of 1846 that negroes were put on an equality 
with white men in the matter of voting. This was done 
in accordance with the Fifteenth Amendment to the Fed- 
eral Constitution declared in force in 1870. White men 
also who did not own a certain amount of property were 
excluded from voting by the constitutions of 1777 and 
1 82 1, and it was not until 1826 that an amendment re- 
moved this restriction. 

SUGGESTIVE QUESTIONS. 

1. What was the Magna Charta ? the Petition of Right ? the 

English Bill of Rights ? Find out their history and give 
their most important provisions. 

2. Compare Article I of the Constitution of New York State 

with the first eight amendments to the Federal Constitution. 

3. Are there countries where freedom of speech and freedom of 

the press are restricted? 

4. Can you suggest any reasons why the prohibition concerning 

lotteries and other forms of gambling should be put into 
the Constitution? 



CHAPTER III. 

THE LEGISLATURE. 

Necessity for a Legislature. — Upon the voters depends 
the government. If they are uneducated and corrupt, 
and pay little attention to politics, the government will 
be bad and poorly run. If they are honest and intelli- 
gent and take an active interest in it, the government 
will be well run. In very early times almost everything 
used to be attended to by the voters directly, but with 
the increase of population and the growth of large States 
this became impossible. The voters became so numerous 
that they could no longer meet together in a single place, 
and, if they could have met, they could not have made 
themselves heard. Then, again, those living far away 
from the place of meeting could not afford the time to 
come. So it became customary to turn over to others the 
duty of carrying on the government. For this purpose 
three departments came to be organized : one, the Legis- 
lature, to make the laws; another, the Executive, to see 
that they were carried out or executed ; and still another, 
the Judiciary, to decide on the meaning of laws, settle 
disputes, and declare whether the law was to be applied 
to a particular case. This threefold division lies at the 
basis of our government, and though each division is 
closely connected with the others we treat them under 



THE LEGISLATURE. 1 3 

separate heads for the sake of clearness. This chapter is 
to deal with the first division — the Legislature. 

Division into Houses. — Our Legislature is divided into 
two houses, the Senate and the Assembly. The first has 
fifty members elected every two years, and the second 
three times as many elected every year. The election is 
on the Tuesday after the first Monday in November. 

Senate Districts. — The State is divided by the Legisla- 
ture into fifty districts, and from each a Senator is chosen. 
In making the division into districts an attempt is made 
to have about the same number of people in each, but as 
the county boundaries must also be thought of, this is not 
always strictly possible. For instance, it is not allowed 
to take a part of one county and a part of another and put 
them together to form a Senate District. A single county 
may form a Senate District, like Albany County, or a 
county may be divided into many Senate Districts, like 
Erie and New York counties, or two or more counties may 
be put together to form a Senate District, but the county 
boundaries must always remain intact. Under certain 
conditions too complicated to be gone into we may even 
have fifty-one Senators in New York State, and though 
this is likely to happen but seldom, it is the con- 
dition at the present time. Then, again, no matter 
what the population of the county may be, even if it is 
more than half of the population of the State, it can- 
not have more than one-third of the Senate districts, 
and no two adjoining counties may have more than 
half of the Senate districts. The object of this consti- 
tutional provision, is of course, to prevent any one sec- 



14 



THE GOVERNMENT OF NEW YORK. 



tion of the State from controlling the Senate; but with 
the increase in the population of the counties which form 
New York City it is going to be difficult to prevent such 
control. 

Assembly Districts. — For purposes of the Assembly 
the whole State is divided into one hundred and fifty dis- 
tricts. Here, as in the case of the Senate districts, the 
county boundaries must be respected, but as the Assem- 
bly districts are smaller, it so happens that every county, 
with one exception, is formed into one or more Assembly 
districts, according to its population. The only excep- 
tion is in the case of Hamilton and Fulton counties, 
which, on account of the small number of their popula- 
tion, form one Assembly District. In cases, however, 
where a county is divided into several Senate districts, 
each of these shall have the same number of Assembly 
districts. The Legislature assigns to each county the 
number of Assembly districts which it is to have. The 
division into Assembly districts is made by the Board 
of Supervisors of the county if it have more than one 
district. The Board of Aldermen makes the division for 
the counties comprising New York City. 

Census. — The State is " re-districted " by the Legisla- 
ture every ten years. For the purpose of making the 
Senate and Assembly districts it is necessary to know the 
number of people in the State and their residence. So in 
the Constitution it is provided that every ten years a State 
census shall be taken. The first of these has just been 
taken in 1905, and there will be another in 191 5. As the 
National government also takes a census every ten years, 



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THE LEGISLATURE. 1 5 

the last being in 1910, we have a census every five years. 
According to the basis on which we are now running each 
Senate District has approximately 159,000 inhabitants, 
and an Assembly District about 53,000. With the new 
census of 191 5, however, these numbers will be larger. 

Members. — To be a member of either house a man 
must be a citizen of the State and twenty-one years of 
age. He cannot hold, or have held within one hundred 
days previous to his election, office as a United States 
Congressman, a civil or military office under the United 
States Government, or an office under any city govern- 
ment. If he accepts any such office after he is chosen 
to the State Legislature, he loses his seat. A member 
is not required by the Constitution to be a resident of 
the district from which he is chosen, but by law this resi- 
dence is made necessary. He is also disqualified for the 
office if he has committed some infamous crime. 

Privileges of Members. — Members are paid for their 
services, are exempt from arrest in a civil action while 
attending a session of the Legislature, and cannot be 
questioned in any other place for anything they may 
have said in the Legislature. 

Meeting and Organization. — The Legislature meets every 
year, and assembles on the first Wednesday of January. 
In organization it resembles very closely the Congress 
of the United States. The officers and the committee 
system of doing business are almost the same. The 
Lieutenant Governor is the presiding officer in the Sen- 
ate. In case he is absent a temporary president is 



16 THE GOVERNMENT OF NEW YORK. 

chosen by the members. In the Assembly the presiding 
officer is called the Speaker and is chosen by the mem- 
bers. There are besides many subordinate officers in both 
houses, such as clerks, stenographers, and door-keepers, 
some of whom are appointed by the presiding officers 
and some elected by the members. Each house deter- 
mines the rules of its own procedure, and judges of the 
elections, returns, and qualifications of its own members. 
Each house must keep a journal of its proceedings and 
must allow the public to see it or to hear the proceedings 
in the open house, except in such cases as demand secrecy 
for the sake of the public welfare. Neither house may 
adjourn for more than two days without the consent of 
the other. A majority of each house shall constitute a 
quorum to do business, but in the case of the final pas- 
sage of a bill levying taxes, creating a debt, or appropri- 
ating money or property, three-fifths of the members 
elected must be present. The business is conducted by 
means of committees appointed by the presiding officer 
in each house. To these committees are referred the 
particular bills on subjects which they are appointed to 
consider. To the Committee on Railroads, for example, 
are referred all bills affecting railroads. There are other 
committees on finance, judiciary, cities, canals, education, 
taxation, etc. 

Powers of the Legislature. — In general, it may be said 
that the Legislature has power to pass laws on all sub- 
jects (i) not prohibited by the United States Constitu- 
tion (Article I, Section X), (2) not expressly granted 
to the National government, (3) and not prohibited by 
the State Constitution. Of these, the third class is the 



THE LEGISLATURE. 



17 



most numerous, and the tendency is for it to become more 
so. In spite of this, however, the powers of the Legis- 
lature are very broad, for it has to do with the everyday 
concerns of the people. Besides its legislative powers, it 
also has executive and judicial functions. The Senate, 
for example, has the right to confirm or reject appoint- 
ments made by the Governor, and acts as a court of trial 
in cases of officers impeached by the Assembly. 

Methods of Procedure. — There is no difference between 
the two houses in the powers which they exercise over 
legislation. All bills — even those appropriating money 
— may originate in either house. All laws must be 
passed by both houses, and must have the assent of the 
majority of the members elected to each house. Those 
appropriating money or property for local or private pur- 
poses must have the votes of two-thirds of the members 
elected to each house. All bills passed by one house may 
be amended in the other. The enacting clause of all bills 
is : " The People of the State of New York, represented 
in Senate and Assembly, do enact as follows : " and no 
law can be enacted except by bill. 

The Making of Laws. — Each house determines for it- 
self the proceedings which must be gone through before 
a bill can become a law. These are to be found in small 
pamphlets entitled, " Rules and Orders of the Senate " 
and " Rules and Orders of the Assembly." These differ 
in small details, but in general we may say that a bill 
passes through three important stages. (1) A bill is 
introduced by a member from his place, or on the report 
of a committee, or by a message from the other house. 
The bill is then given its first reading by the Clerk, usu- 



18 THE GOVERNMENT OF NEW YORK. 

ally by title only, and is then referred to the committee 
which has charge of the subject to which the bill relates. 
(2) This committee then takes the bill in hand. If the 
committee thinks the bill worthy of passing, it may dis- 
cuss it very fully, have hearings on it of people inter- 
ested, may make any modifications it sees fit, and then 
report it back to the house. If the committee does not 
like the bill, it may report against it, and thus " kill the 
bill in committee," as the saying goes. The house may, 
of course, demand to have a bill reported to it, but it 
seldom does. If, however, the bill is reported favorably, 
and the house accepts the report, it is then given its 
second reading at some specified time. After this read- 
ing time is allowed for debate. After this is done, the 
bill may be adopted in whole or in part, or amended, or 
referred to the Committee of the Whole. In the Senate 
every bill must be referred to the Committee of the Whole 
before it can have its third reading, but in the Assembly 
it need not be unless two-thirds of the members present 
demand it. The object in referring a bill to the Commit- 
tee of the Whole is to get more opportunity for debate. 
In this committee the ordinary rules of the house, which 
only allow of a short time for debate, are suspended, and 
a more informal discussion takes place. If the bill is 
passed after the second reading, it is ordered to be printed 
and .distributed to the members. A time is set for its 
third reading. At that time the " ayes " and " noes " 
are taken and entered on the journal of the house. No 
debate is allowed. If the vote is affirmative, the bill is 
then sent to the other house, where it is dealt with in 
much the same fashion. If that house passes it, it is 
ready for the Governor. 



THE LEGISLATURE. 



x 9 



Checks. — The object of all this complicated procedure 
is to facilitate business, and to insure careful considera- 
tion of each bill, while the object of having two houses 
is for one to form a check on the other. 

Conference Committee. — It may happen, however, that 
one house amends the bill of the other in a way which is 
not acceptable. To settle the matter a Conference Com- 
mittee, composed of members of both houses, is appointed, 
This committee tries to make a compromise satisfactory 
to both houses, but sometimes it does not succeed and 
the bill fails to become law. 

Submission to the Governor. — If the bill, however, is 
finally passed by both houses it is sent to the Governor. 
If he signs it, it becomes law; but if he disapproves it, 
he " vetoes " it and sends it back with his objections to 
the house in which the bill was first introduced. If the 
Governor does not return the bill within ten days (Sun- 
days excepted) after he receives it, it becomes law with- 
out his signature; or if he vetoes it and the houses re- 
pass it with a two-thirds majority the signature of the 
Governor is not necessary. No bill, however, can be- 
come a law after the final adjournment of the Legisla- 
ture unless approved by the Governor within thirty days 
after such adjournment. These bills are known as 
" thirty-day bills," and there is always a large number 
of them. Many the Governor signs, but he allows a good 
many to " die " by failing to sign them. 

Restrictions on the Legislature.— Originally the Legis- 
lature was able to pass laws on almost every variety of 



20 THE GOVERNMENT OF NEW YORK. 

subject, except, of course, on those prohibited by the 
National Constitution. The people later grew distrustful 
and began to put into the State Constitution certain 
subjects upon which the Legislature could not legislate. 
These are too numerous to give a complete list, but in 
general they may be grouped under two heads: (i) 
Financial restrictions and (2) restrictions on private and 
local bills. Under the first heading we may note the fol- 
lowing: (a) An appropriation bill must not contain any 
provision not relating to the appropriation. This is to 
prevent the evil known as " riders." On bills appropriat- 
ing money for the expenses of the government the Legis- 
lature would put a clause which had nothing to do with 
the appropriation, but related to some entirely different 
matter. The Governor might not wish to give this 
clause his approval, but as he needed the money he had 
to sign the bill, and thus the objectionable clause would 
become law. This has been done away with now, and 
the Governor may also veto any particular item of an 
appropriation bill without vetoing the whole bill, (b) 
The Legislature may not lend the State's money or credit 
for the benefit of an individual, association, or corpora- 
tion, (c) The Legislature cannot contract debts to meet 
current expenses in excess of one million dollars, except 
to defend the State in time of invasion, insurrection, or 
war, and the money thus raised cannot be used for any 
other purpose whatsoever, (d) No extraordinary debt 
shall be contracted unless it is duly authorized by 
law for some special object, and even then it cannot be 
valid until it is submitted to the people at some general 
election and approved of by a majority of all the votes 
cast. 



THE LEGISLATURE. 21 

Private and Local Bills. — The Legislature used to pass 
many private or local bills, usually for the benefit but 
sometimes to the detriment of one person or locality. 
This was the source of much corruption, and now the 
Constitution declares that any such bill must not embrace 
more than one subject, and that must be expressed in the 
title. Further than this there are some fourteen different 
subjects on which the Legislature may not pass private or 
local bills. The most important of these are: (a) The 
laying out or altering of highways; (b) locating or 
changing of county seats; (c) incorporating villages; 
(d) regulating the rate of interest on money; (<?) grant- 
ing to any corporation the right to lay down railroad 
tracks; (/) granting to any private corporation any ex- 
clusive privilege or franchise whatever; (g) granting an 
exemption from taxation. All laws on such subjects must 
be of a general nature and not be applicable simply to one 
person or locality, but to many. 

Indirect Restrictions. — In addition to the direct prohi- 
bitions on the Legislature there are numerous clauses 
contained in Articles VII-XIII of the Constitution 
which we may call indirect restrictions. These are sub- 
jects which the people would not trust to the Legisla- 
ture, but which they wished to withdraw from its control 
by putting clauses in the Constitution relating to them. 
Such restrictions are those which direct the Legislature 
to provide for a forest preserve, canals, charitable and 
educational institutions, a militia, the organization of 
counties and cities. They would not trust the Legisla- 
ture to legislate concerning bribery and free passes on 
the railroads, and so put clauses in the Constitution re- 



22 THE GOVERNMENT OF NEW YORK. 

lating to them. A clause about the last of these makes 
it a misdemeanor for any holder of an office under the 
State to receive a pass. 

General Similarity to Congress. — Our outline of the 
State Legislature has served to show us how very sim- 
ilar it is in many ways to the Congress of the United 
States. In our next chapter we are to find out if the 
Legislature works out in practice the way it is supposed 
to work in theory. 



SUGGESTIVE QUESTIONS. 

i. What reasons are there for favoring annual rather than bi- 
ennial sessions of the Legislature ? 

2. When was the last census taken by the United States ? By 

the State? When was the last apportionment of Senate 
and Assembly districts made? Why is apportionment re- 
quired so frequently? 

3. How large is the Assembly District in which you live? 

What territory does your Senate District include? Who 
is your Assemblyman? Your Senator? When was each 
elected ? When will their successors be elected ? 

4. According to the last apportionment what were the ratios for 

Senate and Assembly districts? Find the population of 
several districts and see how nearly they correspond to the 
ratio. 

5. When did the last regular session of the Legislature occur? 

How long did it last? Which party had a majority in the 
Senate ? In the Assembly ? How large were these ma- 
jorities ? 

6. What were the most important subjects considered by the 

Legislature at this session ? What important laws were 
enacted ? 

7. What reasons can you give for granting to the Legislature 

those privileges mentioned in this chapter? 



THE LEGISLATURE. 23 

8. Do the people of the State take as much interest in the work 

of the Legislature as in the work of Congress ? 

9. In what ways may vacancies occur in the Legislature? 

10. What persons may not receive passes? What reasons can 

you give for this prohibition? Why was this provision 
made a part of the Constitution, instead of remaining a 
mere law? 

11. In how many ways may a bill become a law? In how many 

ways may it fail to become a law? 

12. Why should the Governor have the power to veto a bill? 

13. Can you determine from the titles of committees given in 

the Legislative Manual what matters are considered by 
each committee? 

14. What is meant by a "Committee of the Whole"? 

15. Look up the definition of a corporation. 

16. Find out the difference between a private and a public 

corporation. 



CHAPTER IV. 

THE WORKING OF THE LEGISLATURE. 

The Difference between Theory and Practice. — We often 
hear it said that things may work well in theory, but 
not in practice. Our State government, as well as our 
National government, does work remarkably well in 
practice, but that fact is no reason why we should 
close our eyes to some of its faults. It is very difficult 
for us to see our own faults, and these have been best 
pointed out to us by foreigners who have examined our 
institutions. 

Character of the Members of the Legislature. — Some 
very excellent men have sat in our Legislature, but also 
some who were inferior. It is natural to ask how these 
get in. In part this is undoubtedly due to our " district 
system," which makes it necessary for a member of the 
Legislature to live in the district which he represents. 
In theory it ought to be possible to find a man of emi- 
nence in every district, but in practice it often is not. 
Men of ability sometimes do not wish to go to the Legis- 
lature, and then the voters must take an inferior man. 
At other times a strong man fails of reelection because 
he has offended the political boss of the district, or has not 
been pleasing to some particular faction in it. Thus the 

24 



THE WORKING OF THE LEGISLATURE. 25 

State loses his services because he cannot be elected 
from another district unless he resides in it, and it is not 
always possible or convenient for him to move. So it 
is that legislators frequently vote for measures that they 
do not think right or good for the interests of the State 
at large, because they are afraid of offending the leader, 
or the voters of the district from which they are chosen, 
and so of losing their seat at the next election. This 
makes our legislators narrow statesmen. Under these 
circumstances we may well ask ourselves if we could not 
improve matters by allowing our representative to be 
chosen from anywhere within the State. 

Short Terms. — The election of Assemblymen every year 
and Senators every two years is not in itself a bad sys- 
tem. It enables us to get rid of an incapable man, but 
this very fact makes us careless of the character of the 
man we elect. At elections we do not reelect good men 
frequently enough. We wish to give too many a chance. 
A man no sooner gets into the working of the Legisla- 
ture than he has to get out. We make demands on our 
representative to do things for our district, and unless 
he does them, out he goes. This puts him under the 
necessity of thinking all the time about his reelection. 
He plays to the " grand stand," for, unless he does, he 
knows that his public career will be cut short by the 
voters, even if it is not by the political boss. Such short 
terms of office destroy the efficiency of our legislators. 

Effects of Restrictions on the Legislature. — To send a 
man to the Legislature to make laws, and then to make 
a long list of subjects on which he cannot legislate does 



2 6 THE GOVERNMENT OF NEW YORK. 

not give to the office the dignity it should have. A truly 
great man likes responsibility, and if he is not to have 
it he does not wish the office. Men of less ability will 
go where he refuses to go. Their motives are not always 
the best and they do not make the best legislators. 

Fear of the Legislature. — Some people argue that we 
must restrict the Legislature, for if we do not it will do 
harm by passing bad laws. Such men always give a sigh 
of relief when the Legislature closes its session. But we 
must remember that if bad men are sent to the Legisla- 
ture it is our fault and not theirs. We as voters are re- 
sponsible for them, and if we do not attend to our duties 
as voters, they will not attend to theirs as legislators. 
Perhaps if we gave them greater responsibility and 
watched them more closely, we might find more capable 
men desiring to go to the Legislature to make names for 
themselves. 

Lack of Public Interest in the Legislature. — Though, as 
we have seen, the State has more to do with our daily 
life than the National government, it is remarkable that 
we take more interest in the doings of the latter than of 
the former. Our newspapers devote very little space to 
the proceedings in the legislative chambers at Albany. 
The result of all this is that bad bills are often put 
through, and " jokers " in bills are of frequent occur- 
rence. These are clauses in otherwise good bills which 
are not for the public welfare, and which are allowed to 
remain in the bill simply because the general public has 
not paid attention to what the Legislature is doing. This 
failure of the people to watch the Legislature is also 



THE WORKING OF THE LEGISLATURE. 27 

largely responsible for much of the corruption which is 
to be found at times among our legislators. 

The Committee System — The doing of the large bulk 
of the work in the Legislature by means of committees 
is also responsible for many bad bills, though, of course, 
the system does permit of the Legislature accomplishing 
a great deal of work. " What the committee says goes," 
is a common saying. The committee being a small body 
can be much more easily influenced by interested parties, 
and thus frequently reports a bill, and the Legislature 
passes it, which would not pass if the Legislature were 
compelled to examine it more closely. Much hasty and 
ill-considered legislation is put through as the result of 
this system. 

Actual Law-Making. — At first legislation seems a very 
simple matter. We think of an assembly of legislators 
gathered together to make laws for us. A member rises 
from his seat, and, getting recognition from the presid- 
ing officer, proposes a bill, or presents a long argument 
for or against one which is before the house. In practice 
he does no such thing. If he wishes to speak on an 
important measure he has to arrange beforehand to be 
recognized by the presiding officer, and the latter is not 
always willing to do it. If sufficient pressure cannot be 
brought to bear to get recognition, the member may rise 
from his seat in vain, he is not recognized and is not 
allowed to speak. Even if he obtains recognition, the 
time he may speak is very much limited. The result of 
this is that the bills are voted upon with very little debate 
or discussion. As the members of a political party are, 



28 THE GOVERNMENT OF NEW YORK. 

therefore, frequently in doubt how they are to vote, they 
all meet " in caucus " at some time and place outside the 
legislative chamber, and there decide how to vote on a 
given bill. Such practices are resorted to on account of 
the enormous number of bills which comes before the 
Legislature every session. There are so many that the 
members have barely time to read them privately, much 
less to hear them discussed at length in the hours when 
the Legislature is sitting. Many a legislator thus votes 
for or against a bill which he has not even read. Some 
say that the Legislature passes more laws than can be 
enforced by the executive, and that we could well do 
without many of them. This is very probably true, but 
for every bill that is passed several others fail of passage. 
All of them, however, take up the time of the Legislature. 

The Lobby. — Nothing is so responsible for the large 
number of bills presented in the Legislature as the 
"lobby." This term is applied to two things: (i) The 
hall or space outside the doors of the legislative cham- 
bers; (2) the group of men who assemble there to urge 
legislators to pass or defeat certain bills. The individuals 
of this group are known as " lobbyists." They go to the 
State Capitol to represent either their own interests or 
those of others. We often think that the members of the 
Legislature consider the needs of the community and 
bring in bills of their own to satisfy those needs. As 
a matter of fact, a very large number of bills brought 
into the Legislature are suggested and worked up by 
members of that group of men known as the lobby. As 
they have everything to gain by their bills they are very 
persistent in getting members of the Legislature to vote 



THE WORKING OF THE LEGISLATURE. 29 

for them and in bringing all sorts of '" pressure " to bear. 
The greatest evils we suffer from are due to this lobby, 
for the bill of the lobbyist is usually for the benefit of the 
few at the expense of the many. . The Legislature itself 
is sometimes accused of bringing in " strike bills " — that 
is, bills against certain corporations — for the purpose of 
being bought "off by the lobby. In some of the West- 
ern States they are trying to prohibit " lobbying," and 
in our own State certain restrictions have been placed 
upon it. 

The Machine. — The lobby frequently seeks and gets the 
support of what is known as the " machine." This usu- 
ally means that group of party politicians, either w T ithin 
or without the Legislature, who are able, on account of 
their great influence with the party, to compel the members 
of their party in the Legislature to vote as they dictate 
under pain of defeat at the next election if they refuse. 
We often hear it stated that such and such a bill has 
been " jammed " through the Legislature, or defeated, 
at the dictation of a party leader, and that the vote taken 
was strictly along " party lines." This means, of course, 
that the members of the Legislature voted regardless of 
argument or debate. They closed their ears to all rea- 
son and voted as they were told. This sort of thing 
takes place more frequently in our Legislature than in 
the Congress of the United States, and more so than in 
the Legislature of any other State. 1 If this is true, then 
we as voters are responsible. Laws should be made with 

1 See a report of Mr. A. L. Lowell in the Proceedings of the American 
Historical Association for 1901. 



3 o THE GOVERNMENT OF NEW YORK. 

cool deliberation and not " jammed " through in this 
fashion. 

Lack of Business Principle. — The lobby and the ma- 
chine serve to make our legislators ignore the fundamen- 
tals of business principle and morality. They run the 
government on a basis that they would not think of 
employing in their private business. They forget that 
the offices which they hold are trusts which they should 
not violate on account of any amount of pressure from 
the lobby and the machine. 

Our Remedy — Other faults of the National Congress, 
such as the use of " log-rolling " and " patronage," do 
not exist to any great extent in our State Legislature; 
but we have cited enough to show that our methods are 
not entirely perfect. To know our faults, however, and 
to do nothing to remedy them is worse than not know- 
ing them at all. We should know our imperfections in 
order that we may try to improve them. As we live 
under a democratic government we should always re- 
member that whatever faults exist in it rest on our shoul- 
ders. So when we feel inclined to decry the men we 
elect, we should be ready to acknowledge that if they 
are bad it is we who are to blame. We cannot excuse 
ourselves by saying that we have not the time to devote 
to politics. It is our business to make time, and if we 
fail to do so, we have no real right to complain. 

SUGGESTIVE QUESTIONS. 

i. Give arguments for and against placing many restrictions on 

the Legislature. 
2. Explain " log-rolling " and "patronage." 



THE WORKING OF THE LEGISLATURE. 31 

Give the advantages and disadvantages of the "committee 
system " of doing legislative business. 

Find out if there is any country in which members of the 
legislative branch of the government do not have to reside 
in the districts by which they are chosen. What effect 
do you think this would have on the quality of the men 
chosen and on the length of time that they remain in public 
service ? 

Does the Constitution of the United States make it necessary 
for a member of the House of Representatives to reside in 
the district from which he is chosen ? If not, does he usu- 
ally do so? Why? Can you find out if there is any place 
in New York State where this principle is violated ? 



CHAPTER V. 

THE EXECUTIVE. 

Responsibility. — The Executive Department of the 
State government consists of those officers whose busi- 
ness it is to see that the laws passed by the Legislature 
are put into operation and enforced. In colonial times, 
when the Governor was appointed by the English crown, 
he used to appoint in turn the other executive officers. 
Such a system was not liked by the people after the 
Revolution, and they soon brought it to pass that almost 
all of the most important officials were to be elected by 
the people. This, of course, made them all directly re- 
sponsible to the people. In this respect the State govern- 
ment is not at all like the Federal government, for there, 
as we saw, the chief executive officer, the President, is 
alone responsible to the people, and the other executive 
officials are appointed by and are responsible to him. 

The Governor. — The Governor is the title of the chief 
executive officer of the State. He is elected at the same 
time and places as members of the Legislature, and holds 
office for two years. To be eligible he must be: (i) A 
citizen of the United States; (2) not less than thirty 
years of age; (3) a resident of this State for five years 
next preceding his election. Like the President, he has 
to take an oath of office and also to swear that he has not 
used money or other unfair means to procure election. 

32 



THE EXECUTIVE. 33 

Powers of the Governor. — He is commander-in-chief of 
the military and naval forces of the State. He may 
convene both houses of the Legislature or the Senate 
alone in extra sessions, at which, however, only the sub- 
ject for which he calls them together is to be considered. 
He may grant reprieves, commutations, and pardons ex- 
cept in cases where the convicted person has been guilty 
of treason or been tried on articles of impeachment. He 
has the appointment, by and with the advice and consent 
of the Senate, of many State officers. He may suspend 
or remove certain State and local officers for wrong- 
doing. He has the power, as we saw above, to accept 
and sign bills, or to reject and veto them. 

Duties of the Governor. — The Governor has many duties, 
and they are constantly increasing in number. We can 
consider only the most important. He must communi- 
cate by message to the Legislature at every session on the 
condition of the State, and recommend such measures as 
he thinks best. He must see to it that the laws are faith- 
fully executed. In case he grants pardons, commutations 
of sentence, or reprieves to a convicted criminal, he must 
report the matter to the Legislature at its next session. 

The Lieutenant Governor. — The Lieutenant Governor 
must have the same qualifications for office as the Gov- 
ernor, and is elected in the same way. Ordinarily his 
sole duty is to preside over the Senate, but he is not a 
member of that body, and has a vote only in case of a tie. 
Should the office of Governor become vacant from any 
cause the Lieutenant Governor succeeds to it. In case of 
the death of both the Governor and the Lieutenant Gov- 



34 THE GOVERNMENT OF NEW YORK. 

ernor the office of Governor goes to the President of the 
Senate, and in case of his death to the Speaker of the 
Assembly. 

Lower Executive Officers. — The officers of the Execu- 
tive Department below the Governor and Lieutenant 
Governor may be divided into four classes : ( I ) Elected ; 
(2) appointed; (3) appointed boards; (4) ex-officio 
boards. 

Elected Officers. — There are five officers elected by the 
people, besides the Governor and Lieutenant Governor, 
for the term of two years. ( 1 ) The Secretary of State 
has charge of the great seal and records of the State, 
superintends the publication of laws, the taking of the 
State census, and the granting of commissions and cer- 
tificates of incorporation. (2) The Comptroller audits 
the public accounts, superintends the collection of taxes, 
makes an annual report to the Legislature of income and 
expenditures of the State Government, gives an estimate 
of the amount of money needed for State expenses for the 
next year, and issues orders or warrants for any money 
which is to be drawn from the State Treasury. (3) The 
Treasurer is the custodian of the money received by the 
State, and may pay it out only on an order from the 
Comptroller. (4) The Attorney-General is the law officer 
of the State and the legal adviser of the other State offi- 
cers. He protects the interests of the State in courts in 
which they are involved, and must prosecute criminals 
if directed to do so by the Governor or Justices of the 
Supreme Court. (5) The State Engineer and Surveyor 
has charge of the survey of public lands, the laying out 



THE EXECUTIVE. 35 

and construction of State roads, and a certain control 
over the building and repair of canals. 

Appointed Officers. — Besides the officers elected directly 
by the people there is a large number of officers of 
whom some are (a) appointed directly by the Governor 
with the consent of the Senate, (b) others by the Gov- 
ernor in conjunction with some other officers, and (c) 
still others by the Legislature. We cannot give all of 
these officers here, but will mention the most important : 
(1) The Superintendent of Public Works, (2) the 
Superintendent of Insurance, (3) the Superintendent of 
Banks, (4) the Superintendent of Prisons, (5) the Com- 
missioner of Health, (6) the Commissioner of Agri- 
culture, and (7) the Commissioner of Labor are ap- 
pointed by the Governor with the consent of the Senate 
for terms of varying length. The duties of most of 
them are obvious from their titles. The first and third 
call for a little explanation. The main duties of the 
Superintendent of Public Works have to do with the 
construction, repair, and navigation of canals, and those 
of the Superintendent of Banks have to do with the 
supervision of all banks, trust, loan, and guaranty com- 
panies which are organized under the laws of this State. 

The Superintendent of Weights and Measures and the 
Superintendent of Public Buildings are appointed by the 
Governor in conjunction with some other officers, and the 
Regents are appointed by the Legislature. 

Appointed Boards. — Much of the work of the Executive 
Department of the State government is done by boards 
of several men appointed by the Governor with the con- 



36 THE GOVERNMENT OF NEW YORK. 

sent of the Senate. Their duties are mainly those of 
inspection. Such boards or commissions are the State 
Board of Charities, the Lunacy Commission, the Prison 
Commission, the Public Service Commissions, the Tax 
Commission, Port Wardens, the Quarantine Commission, 
and the Civil Service Commission. (See p. 142.) 

Ex-Officio Boards. — The boards known as " ex-officio " 
boards are made up of officials who are members because 
they hold certain offices. There are several such boards. 
One, for example, is that of the Commissioners of the 
Land Office, consisting of the Lieutenant Governor, the 
Speaker of the Assembly, the Secretary of State, the 
Comptroller, the Treasurer, the Attorney-General, and 
the State Engineer and Surveyor. 

Importance of the Governor of New York State. — New 

York is one of the few States of the Union whose Gov- 
ernor occupies a high position in the public eye. It is an 
office much sought after, and is frequently a stepping- 
stone to the higher position of President of the United 
States. For this reason very prominent men have held 
it and will continue to hold it. 

Power of the Governor. — The people have shown a ten- 
dency in recent years to increase the Governor's power. 
They have realized that added responsibility does not 
make a tyrant, but that additional powers frequently 
sober a man and make him a better Governor than when 
almost all power is taken away from him. Then, again, 
greater responsibility also makes it possible for the people 
to place the blame for bad as well as good measures. 



THE EXECUTIVE. 



37 



This cannot be shifted so easily as when the responsi- 
bility is divided among many. 

One-Man Power. — We often hear it said that if you 
wish a thing done well you must give it entirely into the 
hands of one man to do, and then see that he does it. 
Certainly this seems true when we compare the efficient 
work done by our Governor with the poor work done by 
many of our commissions and boards. The various mem- 
bers of these shift the responsibility on to the others, and 
as nobody is made responsible by law it is difficult to find 
the man who is really at fault. There is not so much 
danger in giving our Governor more power as there is 
in giving our President more power. The Governor's 
duties are largely routine. He has no foreign policy to 
carry out, no regular army to command, no navy that 
he could use against the people. It would seem that we 
might still increase the powers of the Governor and not 
suffer from tyranny. 

Control of the Governor by the Machine. — There is, how- 
ever, one danger that always confronts us. The candi- 
date for Governor is usually a party man, and owes his 
nomination and election to a party. He cannot afford to 
offend the leaders of it, for if he does, he will fail of 
nomination and election when he runs. Once in office 
he must keep on friendly terms with all elements of the 
party if he expects to run for the office a second time. 
Thus it frequently happens that the Governor does or is 
forced to do things of which he does not approve — things 
which he feels are not for the best interests of the State 
at large. The party machine is strong and will defeat 



38 THE GOVERNMENT OF NEW YORK. 

him if he does not do its bidding. The truly strong 
Governor defies the machine and throws himself upon 
the support of the people. If the latter are negligent 
and do not mind their political duties, the Governor will 
be defeated largely because he has been looking out for 
their interests rather than for those of a few private indi- 
viduals who have the machine on their side. Here, as 
in the case of the Legislature, it is our duty as voters to 
support the man who is honestly striving to look out for 
the interests of the people. When we hear of " grab " 
bills being " jammed " through the Legislature and signed 
by the Governor at the dictation of great party leaders 
we may know that all is not well. The Governor is not 
running the government on business principles for the 
best interests of the governed, but for the benefit of a 
few private individuals. Sometimes the Governor is 
weak and is only there to serve the machine. At other 
times, however, he is strong, but as the people do not 
show him that they are behind him he weakly gives in 
to the demands of selfish interests. For his weakness 
as well as for the weak Governor the voters of the State 
are responsible, and have only themselves to blame. 
Eternal watchfulness on the part of the voters is the 
price we must pay for a good Governor as well as a 
good Legislature. 

The Legislature and the Governor's Veto It is very 

difficult for us to place the responsibility for a bad bill on 
any member of the Legislature. The member who intro- 
duced it lays the blame on the committee who takes charge 
of it, either because the committee made so many changes 
in it or did not remedy its faults. The committee refuses 



THE EXECUTIVE. 



39 



to take the blame because it did not introduce the bill. 
The houses do not hold themselves at fault, saying that 
they took the committee's word for the bill. The public 
is puzzled and nobody in the Legislature suffers. The 
people, however, have increasing confidence in the Gov- 
ernor's veto to save them from the evils of bad legisla- 
tion. They rely upon the Governor to reject any meas- 
ures which are not for the public welfare. On him at 
least responsibility may be placed. It seldom happens 
that the Legislature is rash enough to pass a bill over his 
veto. In fact, it often happens that certain members of 
that body, in order to stand well with the machine, vote 
for bills which they hope and sometimes know that the 
Governor will veto. 



SUGGESTIVE QUESTIONS. 

1. Why is the restriction placed upon the power of the Legis- 

lature in special session? Is there such a restriction upon 
Congress ? 

2. What is a reprieve ? a commutation ? a pardon ? Why should 

the Governor report these matters to the Legislature ? 
Why are exceptions made in cases of impeachment and 
treason ? 

3. What are the laws in this State relating to the labor of 

children ? (See the Revised Statutes.) 

4. What are quarantine regulations ? Find out some and cite 

for example. Who enforces them ? 

5. What are pure food laws ? Name some. Who enforces them ? 



CHAPTER VI. 

THE JUDICIARY. 

Judicial Officers. — The third or judicial department of 
the State government consists of those officers, called 
judges, whose duty it is (i) to interpret or declare the 
exact meaning of the laws of the State, (2) to decide 
whether they have been violated by any accused individ- 
ual or body of individuals, and (3) to decree the pun- 
ishment set by law for such violation. In early times 
the judges were appointed by the Governor and held 
office during good behavior, but by the Constitution of 
1846 they were almost all made elective by the people, 
and their terms of office were limited to a specified num- 
ber of years. 

Kinds of Courts. — When performing their duties the 
judges generally sit in courts. The court may consist of 
one or of many judges. In the State there are many dif- 
ferent courts. They may be divided into two groups ( 1 ) 
Central and (2) Local. Under the head of Central are 
placed those courts whose powers extend over the whole 
State, and under the head of Local those courts whose 
powers cover only a small portion of the territory of the 
State. 

Central Courts — The central courts consist of ( 1 ) the 

40 



THE JUDICIARY. 41 

Court of Impeachment, (2) the Court of Appeals, and 
(3) the Supreme Court. 

Court of Impeachment. — The Court of Impeachment is 
organized for the purpose of trying public officers who 
are accused, or, technically speaking, impeached, by a 
majority of the members elected to the Assembly. It 
consists of the President of the Senate, the Senators, or 
a majority of them, and the judges of the Court of 
Appeals, or a majority of them. In case of the impeach- 
ment of the Governor or Lieutenant Governor, the latter 
cannot be a member of the court. The accused to be 
found guilty must have a vote of two-thirds of the court 
against him, and even then judgment may extend no 
further than removal from office, and disqualification to 
hold any office of honor or trust under the State. The 
party impeached, however, is liable to indictment and 
punishment according to law in other courts. 

Court of Appeals. — The Court of Appeals is the highest 
court of appeal in the State to which cases from the lower 
courts can be brought. If a case is to be taken higher 
than this, that is, to the Federal courts, it must be shown 
that the Federal Constitution, laws, or treaties are in- 
volved. Otherwise the decision of the Court of Appeals 
is final. It consists of one Chief Judge and six Associate 
Judges elected by the voters of the whole State for terms 
of fourteen years. Five members form a quorum, and 
the concurrence of four is necessary to a decision. This 
court does not try cases, as we ordinarily think of a trial, 
but can only review the decisions of law handed up to 
it from the Appellate Division of the Supreme Court. 



42 THE GOVERNMENT OF NEW YORK. 

There is, however,- one exception to this. In cases involv- 
ing the death penalty appeals may be made directly to 
this court from the court in which the trial was held, and 
then the Court of Appeals may review questions of fact in 
addition to questions of law. 

The Supreme Court. — The Supreme Court is organized 
for hearing important civil and criminal cases. Civil cases 
for amounts above $2,000, criminal cases involving the 
death penalty, and other criminal cases of a serious nature 
go to the Supreme Court. A case may be brought to it 
directly, or on an appeal from a lower court. It consists 
of one hundred and two justices elected by the people for 
terms of fourteen years. For purposes of organization and 
election the State is divided by the Legislature into four 
judicial departments and also into nine Supreme Court 
districts. A certain number of justices are chosen from 
each district, as thirty-one from the First District, which 
is New York County, and smaller numbers from the other 
districts, which each include several counties. Though 
elected from various districts, however, these justices may 
exercise their functions in any part of the State. 

Appellate Division of the Supreme Court. — The cases 
which come to the Supreme Court on appeal from lower 
courts, or from another branch of the Supreme Court, go to 
the Appellate Division of the Supreme Court, which is organ- 
ized for the sole purpose of taking care of appeals. There 
is an Appellate Division for each of the four departments 
mentioned above. From the whole number of one hun- 
dred and two justices the Governor selects a certain num- 
ber to act for terms of five years as Appellate Justices in each 









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THE JUDICIARY. 43 

department — seven in the First and Second Departments, 
sitting at New York City and Brooklyn, and five in each 
of the other two departments, which sit at Albany and 
Rochester, respectively. In each department four justices 
form a quorum, and the concurrence of three is necessary 
for a decision. 

Trial and Special Terms of the Supreme Court. — The 

other justices of the Supreme Court are engaged in 
hearing cases which are brought to it directly, and not on 
appeal from other courts. For this purpose " trial " and 
" special " terms of the Supreme Court are held at stated 
intervals in every county. In a " trial " term a Supreme 
Court Justice presides and hears civil and criminal cases 
involving questions of fact, and therefore requiring the 
aid of a jury to pass upon them. A jury, however, may 
be dispensed with in a civil case if both parties agree. 
In a " special " term the justice decides cases or questions 
of law which do not require the aid of a jury, as no 
questions of fact are involved. 

Local Courts. — Under this head are placed: (i) the 
County Courts, (2) the Surrogates' Courts, (3) Jus- 
tices' Courts, (4) Municipal Courts, and (5) Coroners' 
Courts. 

County Courts. — In every county there is a County 
Court. This is presided over by a judge (in Kings 
County there are two judges) chosen by the voters of the 
county for a term of six years. Before this court come 
all criminal cases arising in the county (except those in- 
volving the death penalty), and all civil cases for amounts 
of $2,000 and less. The County Court is also a court to 



44 THE GOVERNMENT OF NEW YORK. 

which appeals are made from courts below it. In New 
York County, on account of its enormous population and 
the great mass of business to be attended to, the ordinary 
County Court was not sufficient. Accordingly, two 
courts were set up : ( i ) the Court of General Sessions to 
hear criminal cases, and (2) the City Court to hear civil 
cases. Both of these courts have special sets of justices. 
The Court of General Sessions has a grand jury drawn 
for it and can hear cases involving the death penalty. 

Surrogates* Courts. — In nearly all of the counties there 
is a Surrogate's Court. This is presided over by a judge 
known as a Surrogate, who is chosen for a term of six 
(New York County fourteen) years by all the voters in 
the county. Before this court come all matters relating 
to the estates of deceased persons, such as the proving of 
wills, the granting of letters of administration when no 
will is left, and the appointing of guardians for minors. 
When a county, on account of the smallness of its popula- 
tion, has no Surrogate, such matters are attended to by 
the County Judge. 

Justices of the Peace. — In each town there are elected 
four Justices of the Peace for terms of four years, two 
being chosen every two years. Each of these holds a 
separate court within the town. These justices hear 
minor criminal cases, and civil cases involving $200 or 
less. They have the power, however, to issue warrants 
for the arrest of persons charged with any crime, and may, 
after an examination of the facts, admit the accused to 
bail, or hold them in confinement to await the action of 
the grand jury. In the villages existing within a town 



THE JUDICIARY. 45 

there is a court presided over by a Police Justice who has 
charge of very small offenses. 

Municipal Courts. — We saw that counties with a large 
population had to have a special system of county courts. 
In the same way cities, or municipalities as they are some- 
times called, need a special system of town courts. Thus 
in large cities the duties of the Justices of the Peace are 
usually divided between two courts : ( 1 ) one having 
charge of civil and (2) the other having charge of crimi- 
nal cases. In addition to these, there are numerous 
Police Courts presided over by Magistrates correspond- 
ing to the Police Justice of the village. All of these are 
necessary to handle the large amount of judicial business 
which arises in our cities. In New York City, for exam- 
ple, there are two courts : ( 1 ) The Municipal Court con- 
sisting of forty-four justices elected for terms of ten years 
by the people of the twenty-four Municipal Court dis- 
tricts into which the city is divided. Each justice has 
charge over civil cases arising within his district which 
involve $500 or less. (2) The Court of Special Sessions 
consists of fifteen justices appointed by the Mayor for 
ten years, and has charge of misdemeanors. In addition 
to these are many City Magistrates, some of whom are 
elected, others of whom are appointed, who have charge 
of less serious offenses. 

Coroners' Courts. — In every county there are from one 
to four Coroners elected by the people for three years, 
whose duty it is to investigate all unnatural deaths, in 
order to determine their causes. For this purpose the 
coroner may call witnesses, and in the largest cities has 



46 THE GOVERNMENT OF NEW YORK. 

to submit the matter to a jury. If, as a result of this 
" inquest," some one is suspected of crime, such a person 
may be arrested, to await the action of the grand jury. 

Board of Claims. — In addition to the regular system 
of courts there is a special tribunal, called the Board of 
Claims, consisting of three judges appointed by the Gov- 
ernor, with the consent of the Senate, for the term of ten 
years, for the purpose of hearing and determining claims 
of private citizens against the State. The Board sits at 
Albany, and has eight sessions in the year. It is necessary 
to have this board because the State as a sovereign body 
cannot be sued by private individuals. Under these cir- 
cumstances some arrangement has to be made by which a 
private citizen, if wronged by the State, can have his wrong 
righted. 

Removal of Judges. — Besides the ordinary method of 
impeachment, judges may be removed by other means. 
Judges of the Court of Appeals and of the Supreme Court 
may be removed by a two-thirds vote of all members 
elected to each house of the Legislature. All other judi- 
cial officers except Justices of the Peace and justices of 
inferior courts not of record * may, on the recommenda- 
tion of the Governor, be removed by a two-thirds vote of 
members elected to the Senate. All other minor judges 
are removable by higher courts. 

1 Courts not of record are those of the Justices of the Peace and other 
inferior courts. Courts of record are the Court of Appeals, the Supreme 
Court, the County Courts, and the Surrogates' Courts. The latter are so 
called and distinguished from the former because they have clerks who 
make detailed reports of the proceedings. 



THE JUDICIARY. 47 

Character of Our Judges. — During a period following 
the Civil War our judiciary degenerated very much, and 
for a long time was under the control of political ma- 
chines. In recent years, however, it has reached a high 
standard of excellence. 

Length of the Terms of Office of Judges. — We shall 
have noticed by this time that the terms of office for 
judges are very much longer than those for officers in the 
legislative and executive departments. For this there is 
a very good reason. The office of a judge should be 
above party politics. Once in office the judge should be 
free to devote his attention to giving just decisions. If 
his term of office were short and elections came fre- 
quently he would have to give a great deal of time and 
thought to reelection. In order to gain reelection he 
would be sorely tempted to render decisions in impor- 
tant cases in favor of the person who might be in a posi- 
tion to give him the most assistance in the election. If 
justice is to exist, a judge must not have such tempta- 
tions put before him. There are those who believe that 
our judges should not be elected at all, but should be 
appointed by the Governor, who is better capable of 
selecting a good judge than the average voter. Once in 
office they would stay in during good behavior. This, 
you will remember, is the way the Federal judges obtain 
and hold their offices. It certainly takes the judicial 
department out of politics. 

Reelection by Custom. — Though we do elect our judges 
in this State, and give them only definite terms of office, 
there is growing up a very noble custom which practically 



48 THE GOVERNMENT OF NEW YORK. 

gives a judge the same office during good behavior. That 
is, if a judge fills his office impartially and well, it is be- 
coming more and more the custom for both political par- 
ties to nominate him on their tickets, and thus to reelect 
him term after term. The lawyers of the State believe 
most firmly in this custom, for they, above all others, 
realize how necessary it is to have impartial and honest 
judges to try their cases. 

Salaries. — If we wish good judges we must give them 
long terms of office (really terms of office during good 
behavior) and good salaries. In our State some of the 
judges are much better paid than Federal judges. This 
does not mean that we should lower their salaries, for to 
get good men we must pay them well, but rather that the 
Federal government should raise the salaries of its 
judges. The judges of our Court of Appeals receive 
$13,700 a year, which is nearly as large as the amount re- 
ceived by the judges of the Supreme Court of the United 
States. The judges of our State Supreme Court chosen 
from districts in New York and Kings Counties receive 
$17,500 a year, and those from other districts receive 
$10,000. The highest paid Federal judge receives only 
$15,000. 

The "Law's Delay."— The " law's delay" is an ex- 
pression which we are coming to hear more and more. 
It means that when a civil or criminal case gets into our 
courts it takes a very long time to get a decision. Busi- 
ness men sometimes prefer to suffer a loss at the hands 
of others rather than go to court, because they feel* that 
it will take such a long time to have the matter settled. 



THE JUDICIARY. 49 

Then the expenses to which they are put in fees for the 
courts and the lawyers are sometimes as great if not 
greater than the amount recovered. The blame for this 
state of affairs rests partly on our judges, partly on our 
lawyers, and partly on our legislators. The accusation 
has been frequently made of late, and not without some 
foundation of truth, that our judges take vacations of too 
great length. They thus have too little time to devote to 
trying cases, and these keep accumulating in such num- 
bers that it is sometimes a year or two after a case is 
brought before a court before it actually comes to trial. 
Judges are also accused of encouraging delays in the 
administration of justice, but this seems hardly possible. 
It is on the lawyers that we must place the responsibility 
for the many delays in having cases settled. Some of 
these men seem to do everything in their power by means 
of petty quibbles and makeshifts to prevent cases from 
coming to a definite trial. This is especially true of the 
lawyer whose client has a weak case. If the decision goes 
against him he is permitted to appeal again and again to 
higher and higher courts. Several years drag along, 
and it is not surprising that the average citizen becomes 
disgusted. It frequently seems to him as if the man who 
had the money to keep a case in the courts a long time 
wins out. Criminals are sometimes not punished until 
years after the commission of the crime. This breeds a 
sort of contempt among the people for the law and the 
courts. This is the worst thing of all, for the law and 
courts, above all, should always be respected and obeyed. 
The Legislature is to blame, because it is within its power 
to change the court procedure in such a way as to stop all 
the petty legal quibbles and prevent the possibility of so 



5 o THE GOVERNMENT OF NEW YORK. 

many delays and appeals. This the Legislature has not 
done, and it has not done it because the voters do not seem 
to want it. So here in the judicial department we are 
again down to the voter, as we found ourselves in the 
legislative and executive departments. If there are de- 
lays in the administration of justice it is the voter's fault. 
It is for him to remedy the evil. 

SUGGESTIVE QUESTIONS. 

1. In what Judicial Department do you live? In what Supreme 

Court District? 

2. Who is the Judge of the Supreme Court chosen from your 

district ? 

3. Who is the Justice of the Peace before whom a small crimi- 

nal offense committed in your neighborhood would be tried ? 
Police Justice? Municipal Court Justice? Justice of the 
Court of Special Sessions ? 

4. Where is your County Court House? What other courts are 

held there beside the County Court? 

5. Give reasons for and against the election of judges. 

6. Subject for debate : Should judges hold office during good 

behavior or for a specified term of years ? 

7. Find instances of the " law's delay." Do you know of any 

States in which it is not a great evil? Do you see any 
connection between it and " lynchings " ? 






CHAPTER VII. 

THE WORKING OF THE COURTS. 

Rules of Procedure. — Just as there are certain rules and 
regulations for conducting the business of law-making in 
our Legislature, so there are certain rules for conducting 
business in our courts — known as rules of procedure. In 
the last chapter we saw how some delays in getting deci- 
sions were to be attributed to faulty procedure, and now 
we are to find out how court business is carried on. 

Kinds of Cases. — Every case which comes before a 
court is either a " civil " or a " criminal " case, and in 
every case there is a " plaintiff " who begins the action, 
and a defendant against whom the suit is brought. 

Civil Case. — A case between two private individuals 
for the purpose of having justice done is a civil case. 
The plaintiff who feels that a wrong has been done him 
by the defendant brings suit. If the plaintiff does not 
bring the action no one else will, for it is not supposed to 
be anybody else's concern. The most common forms of 
civil cases are those in which the plaintiff brings suit 
against the defendant to compel the payment of a debt or 
the fulfillment of a contract. 

Criminal Case. — In the early history of mankind all 

51 



52 



THE GOVERNMENT OF NEW YORK. 



cases were what we might call civil cases, that is, be- 
tween one man and another, or between two different 
families. If one man did bodily injury to another it was 
settled between them or between their families. Nobody 
else had anything to say. With the growth of civiliza- 
tion, however, and an increase in the power of the king, 
there were certain wrongs, such as murder, arson, bur- 
glary, theft, and robbery, which came to be regarded as 
affecting not only the individuals against whom they 
were committed, but as affecting all the people in the 
State. Such wrongs were called crimes, and the State 
felt called upon to do everything in its power to punish 
the criminal, whether the person against whom they were 
committed took any action in the matter or not. At first 
the number of wrongs which were considered crimes was 
small, but it has increased very much, and the Legisla- 
ture may at any time pass a law making certain acts 
crimes. When a case involving a crime comes before a 
court it is called a criminal case, and the State is the 
plaintiff. 



The Complaint. — In every criminal case the first step 
is the " complaint." This may be made by the person 
injured, and must be made by any policeman, sheriff, jus- 
tice of the peace, or district attorney who has knowledge 
of the crime. In form it is an accusation made before 
some judicial officer against some particular person, charg- 
ing him with some specific wrongdoing. It must be 
supported by the oath of a responsible person to the effect 
that he regards the accused as guilty. Anybody making 
the complaint for mischievous or malicious purposes, and 
without sufficient grounds, is liable to punishment. 



THE WORKING OF THE COURTS. 53 

Warrant of Arrest — On the basis of the complaint a 
warrant of arrest is issued by the justice. This is then 
handed over to an officer who tries to find the criminal. 
The complaint and the warrant of arrest may be tempo- 
rarily dispensed with, however, if the accused is caught 
in the act, or if there is not sufficient time to get them. 
As soon, however, as the criminal is brought before the 
justice they must be duly made out. 

The Examination. — When the prisoner is brought be- 
fore the justice it is first determined whether the latter 
has jurisdiction or not. If he has, he may try the case 
immediately. If not, he may examine the prisoner as to 
his connection with the crime. In this examination the 
prisoner is not bound to answer any questions which might 
serve to incriminate him. If from the examination of 
prisoner and witnesses there is sufficient evidence to point 
to the accused as guilty, he is committed to jail for trial 
by a higher court, or is held to await the action of the 
grand jury; otherwise he is discharged. The prisoner 
may, however, " waive examination," that is, ask to be 
committed to jail to await examination at some future 
time. 

Bail. — When the offense is not murder or some in- 
famous crime the magistrate before whom the examina- 
tion is conducted may, instead of sending the prisoner to 
jail, release him on " bail." This means that certain 
people, usually the friends of the prisoner, sign a " bail 
bond," agreeing to forfeit a certain amount of money if 
the accused does not put in an appearance in court at the 
time set for his trial. Even if he fails to do so and the 



54 



THE GOVERNMENT OF NEW YORK. 



bail money is forfeited to the State, the accused may 
again be arrested and held for the same offense. 

The Grand Jury. — When the crime committed is in- 
famous, that is, one involving the death penalty, impris- 
onment in the penitentiary, or the loss of civil or political 
privileges, the prisoner cannot be brought to trial for it 
except on presentment or indictment by the grand jury. 
In other words, in such serious cases the ordinary com- 
plaint is not sufficient; the accusation must be made by 
a body of men. In every county when a trial term of 
the Supreme Court is to be held there is a body of twenty- 
four men chosen by lot from among the taxpayers. (In 
New York County there are thirty-six chosen. In the 
same county and in Kings the members have to own a 
small amount of property, but they do not have to be tax- 
payers.) This body is known as the " grand jury." Its 
duty is to inquire into the crimes which have been com- 
mitted in the county. In order to assist it. there is in 
every county a District Attorney or public prosecutor. 
This officer is chosen for a certain number of years by 
the voters of the county; it is his duty to get evidence 
in regard to crimes and to present it to the grand jury 
for consideration. When considering the evidence in any 
one particular case not more than twenty- three nor less 
than sixteen grand jurymen are allowed to sit. The 
meetings are secret, but the District Attorney may appear 
before it, and also such witnesses as it may call. It takes 
at least twelve affirmative votes to make an indictment 
or presentment. On this matter the procedure is the 
same as in the Federal Grand Jury. (See p. 267 of 
" Government in State and Nation.") 



THE WORKING OF THE COURTS. 55 

Arraignment and Plea. — If indicted, the accused is 
brought into court to stand trial. While on trial he 
enjoys all the " rights of the accused." The indictment 
is read to him. This is called the arraignment. He is 
then asked if he is guilty. To this he makes a "plea" 
" Guilty" or "Not guilty." If the first, the judge 
sentences the prisoner to the punishment set by law 
for the crime, but if the accused^ replies "Not guilty," 
he is tried by jury. In a case of murder the jury trial 
cannot be dispensed with even though the accused plead 
"Guilty." So in such cases the plea is always, to all 
intents and purposes, "Not guilty." 

Selection of a Jury. — In every county when a trial 
term of the Supreme Court is to be held there is a list 
of thirty-six men whose names are chosen by lot from 
among the taxpayers (in New York and Kings the same 
exception holds as in the case of the grand jury) of the 
county who are between the ages of twenty-one and 
seventy. (Many classes of persons, however, such as 
public officials, ministers, school teachers, etc., are ex- 
cused from jury duty.) The persons thus selected or 
impaneled are known as the "petit jury" for that term 
of the court. They constitute the "panel" from which 
the "trial jury" is drawn. 



Trial Jury. — When a case is about to be tried, twelve 
names are drawn from a box in which the names of the 
thirty-six petit jurymen have been placed on different 
slips of paper. The accused or the prosecutor may object 
to certain of the men chosen, on the grounds that they 



56 THE GOVERNMENT OF NEW YORK. 

are prejudiced one way or the other. A chosen juror 
may himself object to serving on the trial because of cer- 
tain beliefs which he has. If the judge thinks the reasons 
good and sufficient he excuses the juror from serving. 
Sometimes the panel is exhausted before twelve names 
are accepted, and more petit jurors have to be impaneled. 
At times prejudice is so great that an impartial jury can- 
not be had in the county, and then a jury is drawn from 
another county or the trial itself removed there. When 
twelve jurors have been accepted the trial jury is com- 
plete and ready for the proceedings. 

Parties and Steps in a Trial. — The accused is always 
considered innocent, and is given every opportunity, even 
to having a lawyer or counsel employed by the county 
for his defense. The burden of proving the accused 
guilty rests on the District Attorney. He conducts the 
side known as the " prosecution," while the side of the 
accused is known as the " defense." Both sides may 
have witnesses " subpoenaed " by the court, that is, orders 
sent to certain individuals to appear and testify. The 
prosecution, represented by the District Attorney, opens 
proceedings by declaring the reasons for believing the 
accused guilty. The witnesses for the prosecution are 
then called to the stand. Each is subjected to " direct 
examination " in order to bring out the facts showing 
the guilt of the prisoner, and each in turn is then sub- 
jected to " cross-examination " by the attorney for the de- 
fense, for the purpose of showing inconsistencies or flaws 
in their statements. The witnesses for the defense are 
then called, their testimony is taken by direct examina- 
tion by the attorney for the defendant, and they are then 



THE WORKING OF THE COURTS. 57 

cross-examined by the prosecution. During the course 
of the trial all " questions of fact " in regard to the crime 
are left to the decision of the jury. Points involving the 
interpretation of the laws, the admission of certain kinds 
of testimony, or the excusing of jurors are left to the 
judge. If the decisions of the latter are displeasing to 
the attorney for one side or the other in the trial he may 
file " exceptions "to them. At the close of the trial the 
attorney for the defeated side may gather these excep- 
tions into a " bill of exceptions." He may then take 
this bill before a higher court and argue that a new trial 
should be ordered because of the wrong decisions of the 
judge. 

When the testimony is all in, the attorney for the de- 
fense delivers his " summing up " of all the evidence 
which goes to show that the accused is not guilty, and the 
District Attorney follows him with a summing up of all 
the facts pointing to the guilt of the defendant. The 
judge then delivers the " charge " to the jury, showing 
them clearly how the law applies to the case in hand, but 
being careful not to influence the jury in any way as to 
how they shall find in regard to the facts. 

The jury then retires to a private room, where it re- 
mains until it decides unanimously to bring in a u ver- 
dict " of guilty or not guilty, or announces that it fails 
to agree. In the last case a new trial is ordered before a 
new jury. If the prisoner is declared not guilty, he is 
discharged ; if he is declared guilty, the judge pronounces 
" sentence," that is, declares the penalty which the crim- 
inal will have to suffer for his crime. This may be pro- 
nounced immediately, but it is usually not done until 
after the lapse of a few days. After this it is the duty of 



53 



THE GOVERNMENT OF NEW YORK. 



the sheriff of the county to see that the sentence is car- 
ried out. 

Procedure in Civil Cases. — So far we have dealt with 
criminal procedure. In a civil case it is somewhat dif- 
ferent. Here the plaintiff gets the court, before which 
the action is triable, to send a " summons " to the de- 
fendant, citing him to appear within a certain time and at 
a specified court to answer the " complaint " which the 
plaintiff has made against him. If the defendant fails 
to answer, judgment will be entered against him, and it 
is the duty of the sheriff to see that the judgment is car- 
ried out or executed. If the defendant files an answer 
to the complaint, a trial is then begun to determine who 
has right on his side. The steps in the trial are then 
much the same as in a criminal case. The plaintiff takes 
the place of the prosecution, and the defendant of the 
defense. 

Appeals. — Either party in a criminal or a civil case may 
appeal to a higher court if he thinks that the verdict is 
not in accord with the testimony, or if he feels that the 
judge has made some wrong rulings on points of law. 
The one who appeals is called the " appellant," and he 
presents all the data and arguments before the higher 
court for the purpose of getting the verdict reversed and 
having the case sent back to the lower court for a new 
trial ; or he may even contend that the lower court did not 
have jurisdiction, that is, power to try the case, and ask 
to have it tried before a higher court. The court appealed 
to may dismiss the appeal, and in that case the verdict 
of the lower court stands. Under certain conditions, how- 



THE WORKING OF THE COURTS. 



59 



ever, the appeal may be carried higher than the first court 
appealed to, and may thus go on up to the Court of 
Appeals, and finally to the Supreme Court of the United 
States. 

Complications in Procedure. — From this sketch of pro- 
cedure in trials we can see how many delays can occur in 
the trial of an ordinary case. When lawyers wish to pur- 
sue a policy of obstruction and the judges are careless, 
weeks may be consumed in trying to get a jury. After one 
is found and the trial proceeds, it is frequently im- 
possible to get the unanimous decision of twelve men. 
If just one man out of the twelve fails to agree the whole 
case must be tried over again, and so it may be tried again 
and again until the parties are wearied and give up the 
suit. Even after a verdict is obtained the defeated party 
may appeal to a higher court on some technical exception 
to a ruling of the lower court. The judge in the lower 
court and the judge i' the higher court may both be excel- 
lent judges, but there is always room for honest differ- 
ences of opinion about the small technicalities of the law, 
and so the higher judge may reverse the decision of the 
lower judge and order a new trial. Even if he refuses to 
do this, an appeal may be carried to still higher and higher 
courts. It is not surprising, therefore, to find that a case 
comes out of the courts some two or three years after it 
is started. 

Defects of the Jury System. — The question has some- 
times been asked whether a system under which cases, 
would be heard and decided by a bench of several judges 
would not be more satisfactory than our present jury 



60 THE GOVERNMENT OF NEW YORK. 

system. It cannot be denied that the administration of 
justice by means of a jury is often very faulty. One of 
the reasons for this is found in the difficulty of securing 
men who are thoroughly qualified to serve as jurors. Sev- 
eral difficulties may be noticed : ( i ) In the first place, a 
great number of intelligent men are exempt from jury 
duty. (2) Then, too, the power of preparing the lists 
from which petit jurors are drawn is often placed with 
local officers who exercise it corruptly; men are chosen 
for political reasons, or under the influence of powerful 
attorneys or the parties to important suits. (3) Again, 
the most intelligent men on the list of petit jurors may 
be excluded from the trial jury of an important case on 
the ground that they have formed their opinion of the 
matter to be tried. (4) Attorneys are allowed to " chal- 
lenge," either with or without the statement of a cause 
or reason, the men whom they do not wish to see on the 
jury for a certain case. This serves to protect their clients 
against jurors who are prejudiced; it is also a means of 
so constituting juries that they may be easily influenced 
by skillful attorneys. (5) Finally, justice is sometimes 
defeated by the downright bribery of jurors — a crime of 
the most serious nature. 

In enumerating the reasons why jurors are sometimes 
incompetent, it must be said that too often the most capa- 
ble men shirk jury duty; they begrudge the sacrifice of 
time that it involves, and they give both good and poor 
reasons why they should be excused from jury service. 
Thus are made possible many of the evils that we have 
noticed in the selection of jurymen. 

Advantages of the Jury System. — In spite of the many 



THE WORKING OF THE COURTS. 61 

faults that appear in the workings of the jury system, its 
place in our government is stable, for it is founded upon 
important principles. Some arguments in its favor may 
be mentioned: (i) This system insures publicity in the 
proceedings of trials, and publicity is always a deadly 
enemy of bad government. (2) Again, juries decide 
the " facts " in suits at law, while the judge decides points 
of law. In the performance of their duty, then, the jury 
must exercise that " common sense " which is at the 
foundation of all justice. The plain judgment of one's 
equals, though it may err in some cases, is, " in the long 
run," a safer guide than the judgment of any individual 
or any class. This idea is fundamental in a democracy. 1 

Necessity for Reform. — Our State has become more or 
less noted for the tardiness of its justice. Other States 
have no better judges and no better lawyers than ours, 
but their justice seems to be surer and quicker. This is 
due in a measure to better rules of procedure. In some 
States they have abolished the requirement of a unani- 
mous decision of a jury for a conviction; they have 
stopped the dilly-dallying in the selection of jurors, and 
they have made it impossible to take so many appeals. 
Speedy justice has been given in both criminal and civil 
cases, and the public has a great respect for the courts. 

With us the feeling seems to be growing that crim- 
inals too frequently escape the infliction of the penalty 
of their crime for a long time or altogether, and that 
dishonest men cannot be brought to justice because the 
injured are unwilling to take up a civil case which can- 

1 The paragraphs on the defects and advantages of the jury system are 
quoted from the complete edition of " Our Government," pp. 234 and 235. 



62 THE GOVERNMENT OF NEW YORK. 

not be settled for years. Our judicial procedure seems 
to be arranged to shield the criminal and the wrong- 
doer rather than to bring him to justice. The general 
public is over-humane in its treatment of him, and does 
not seem to realize that such an attitude is really to the 
injury of all the people by causing an increase in crime. 
As long, therefore, as the public and the voters do not 
seem to care whether it takes three weeks or three years 
to settle criminal and civil cases, just so long will our 
judicial procedure be faulty. In the end everything rests 
with the voters. If they sincerely wish an improvement 
they will have it. 

SUGGESTIVE QUESTIONS. 

i. The processes described in connection with trials can best 
be understood by the use of legal blanks which may be 
obtained from lawyers, local officers, or printing offices. 
The class should have blank forms for " complaints," 
"summons," "warrant for arrest," "subpoena." 

2. What is the meaning of the words "petit" and "grand" 

used in connection with juries ? 

3. Do lawyers favor the abolition or .modification of our jury 

system ? 

4. What is the attitude of citizens of your acquaintance toward 

jury service? 

5. How do you .account for the conflicting testimony given by 

witnesses in trials? 

6. Look up the origin of the petit and grand juries in some 

English history. 

7. In what way did the early English petit jury differ from that 

of the present day ? Do you see a reason for having a 
unanimous decision of twelve men in the early days of the 
petit jury which does not exist with our jury system as it 
is to-day ? 



CHAPTER VIII. 

LOCAL GOVERNMENT: COUNTY, TOWN AND VILLAGE. 

Introductory. — So far we have concerned ourselves 
mainly with the central government of the State, and 
excepting the judicial department, said very little about 
the local government. In the case of the judiciary we 
found it necessary to study the local courts in connec- 
tion with the central courts because they were so closely 
bound together -that one could not be made clear with- 
out a study of the other. The same is not true of the 
local legislative and executive bodies except to a small 
extent. So we have reserved the study of these for a 
special chapter. 

Divisions of the State. — New York State is divided 
into sixty-one counties. Each one of these is divided into 
districts known as " townships " or " towns." The word 
town is sometimes used loosely to mean any considerable 
group of dwelling houses, but the accurate meaning of 
the word is that which we have given it above. In the 
town there may be only scattered farmhouses, or there 
may be one or several " villages," each with a circum- 
scribed area over which the officers of the village exercise 
a certain control. A whole town, or several towns, or 
even a whole county may be covered by the dwellings of 
a " city." When this is the case much of the local organ- 

63 



64 THE GOVERNMENT OF NEW YORK. 

ization of the county and town is superseded by a special 
government provided for in a " city charter." In all of 
these local units, county, town, village, city, there are the 
three departments of government — the legislative, execu- 
tive, and judicial — just as there are in the central gov- 
ernment of the State. 1 

The County. — The legislative department of the coun- 
ty is known as the Board of Supervisors. It consists 
of one supervisor for each town and each ward in a city 
elected every two years by the voters of such districts. 
The duties of the board are specified by the State Legis- 
lature. The most important are to raise money, to pro- 
vide for the building of roads, bridges, and county build- 
ings, and to care for the public property of the county. 

The executive department consists of the following offi- 
cials elected for three years : ( i ) The Sheriff, whose duty 
it is to preserve order, execute judicial orders, and be 
responsible for criminals confined in the county jail. (2) 
The County Clerk, whose duty it is to keep the public 
records, record all deeds and mortgages, and act as clerk 
of the Supreme and County courts. (3) The County 
Treasurer, whose duty it is to take charge of county 
moneys, and to keep an account of receipts and expendi- 
tures. (4) The District Attorney to prosecute criminals, 
give legal advice to other county officers and the grand 
jury, and to act as attorney for the county in suits brought 
by or against it. (5) The Superintendents of the Poor. 
There may be from one to three of these chosen by the 
Board of Supervisors. Their duties are to have charge 

1 An examination of Richmond County in the map of New York City 
will show the old town boundaries within it like those of Middletown, etc., 
opp. p. 74. 









LOCAL GOVERNMENT: COUNTY, ETC. 65 

of the poorhouse and the poor. (6) The District Super- 
intendents of Schools. Every county has one or more of 
these officials, according to the number of school super- 
visory districts it comprises. Each is elected by the school 
directors chosen in the towns of his district and has 
charge of the schools in it. 

The county judiciary, consisting of the County Judge, 
the Surrogate, and the Coroner, has already been dealt 
with in the chapter on the judiciary, and does not need 
repetition here. 

The Town. — The town legislative department known as 
the Town Meeting consists of all the voters in the town. 
This meets regularly every two years unless called 
together more frequently at the request of twenty-five 
voters or of the town officers. Its duties are to elect 
town officers, to stop public nuisances, to care for the 
property of the town, and to raise and appropriate money 
for its needs. 

The town executive officers elected by the Town Meet- 
ing for two years are : ( 1 ) The Supervisor, who manages 
the finances and represents the town in the county legisla- 
tive department; (2) the Town Clerk, who keeps the 
town records; (3) the Collector, who collects taxes; (4) 
three Assessors, who place a value on property for pur- 
poses of taxation; (5) from one to three Commissioners 
of Highways, who have charge of roads and bridges; (6) 
one or two Overseers of the Poor, who have charge of 
the poor; (7) not more than five Constables, who pre- 
serve order and execute the orders of the Justices of the 
Peace; (8) four Inspectors of Election, who preside at 
town elections and receive and count the ballots. The 
Supervisor, Town Clerk, the Justices of the Peace, or any 



66 THE GOVERNMENT OF NEW YORK. 

two of the justices form the " Town Board," whose duty 
it is to audit the accounts of town officers and claims 
against the town. 

The town judiciary consists of four Justices of the 
Peace, about whom we have spoken in the chapter on the 
judiciary of the State. 

The Village. — In parts of a town or sometimes covering 
a whole town there are thickly populated districts which 
have special needs beyond those taken care of by the town 
government. These call for a considerable outlay of 
money. Those who live in the town, but not in the vil- 
lage, are naturally unwilling to vote for expenditures 
from which they derive no benefit. Those living in the 
village, on the other hand, desire larger powers of taxa- 
tion and certain powers of incurring debt which the town 
does not have. To take care of these special needs a vil- 
lage government is incorporated under a general law of 
the State Legislature. Though the village has a govern- 
ment of its own with separate officers, it is still a part of 
the town. Those who live in the village may vote in the 
Town Meeting, help elect the town officers, and share all 
the burdens and benefits of town government. The vil- 
lager, however, has his village duties as well as those of 
the town. 

Classes of Villages. — The villages in New York State 
are divided into four classes : ( i ) Those having a popu- 
lation of 5,000 or more; (2) those having a population 
of from 3,000 to 5,000; (3) those from 1,000 to 3,000; 
(4) those under 1,000. For each one of these classes the 
State Legislature has passed laws relating to the details 
of government. 



LOCAL GOVERNMENT: COUNTY, ETC. 67 

Incorporation of a Village. — When a community has 
reached the population required it may ask to be incor- 
porated as a village. This may be done by twenty-five 
freeholders in a territory not exceeding one square mile, 
or an entire town containing a population not less than 
two hundred, making application to the supervisor of the 
town. The supervisor may then call for a vote of the 
taxpayers living within the area specified, and if a ma- 
jority desire incorporation, a certificate to that effect is 
filed with the County Clerk and the Secretary of State, 
and a village government is set up. 

Village Government. — The legislative department of the 
village is known as the Board of Trustees. This con- 
sists of the Village President and from two to eight other 
members, all of whom must be taxpayers, elected by the 
qualified voters for a term of two years. The duty of this 
board is to make by-laws for the government of the vil- 
lage, to raise and appropriate money, to maintain water- 
works, sewers, sidewalks, streets, police and fire depart- 
ments, to regulate markets and street lighting, and to 
audit all accounts and claims against the village. 

The executive department consists of officers who are 
usually elected by the qualified voters for one year : ( 1 ) 
The Village President, who sees that the by-laws are en- 
forced and has general charge of village affairs; (2) the 
Treasurer, who receives and pays out the village money; 
(3) the Clerk, who keeps the village records and the pro- 
ceedings of the Board of Trustees; (4) three Assessors, 
who place a value on property for purposes of taxation; 
(5) the Collector, who collects taxes; (6) a Street Com- 
missioner; (7) a Fire Commissioner; (8) a Water Com- 



68 THE GOVERNMENT OF NEW YORK. 

missioner; (9) a Light Commissioner, whose duties are 
obvious from their titles. 

A village need not necessarily have all of these officers, 
or it may have others such as Sewer Commissioners and 
Cemetery Commissioners; but every village must have a 
Board of Health consisting of from three to seven mem- 
bers appointed by the Board of Trustees. 

The judicial department of the village consists of a 
Police Justice elected for four years. He tries minor 
criminal offenses and violations of the village by-laws. 

Character of Local Government. — In the government of 
our counties, towns, and villages we have been very suc- 
cessful. They are forms of government with which our 
English ancestors had been familiar for centuries. The 
population in these local districts is not too large to be 
unwieldy. In the government there is no fine system 
of checks and balances. All the departments of govern- 
ment work harmoniously and smoothly. Then, again, the 
governments of these local units are conducted on a 
strictly business basis. Most of the people concerned are 
property holders, and are therefore interested in having 
the governments run on an economical basis. Everyone 
takes a direct interest in the government. If there is any 
corruption, and taxes increase, the property owner feels it 
immediately and wishes to know the reason why. In the 
villages the voter who does not pay direct taxes cannot 
vote on a question involving the expenditure of money. 
Thus what is to be spent is directly in the hands of those 
who are most interested in seeing corruption kept out and 
expenses kept down. Having a feeling of ownership in 
the district, they have a pride in seeing it well managed. 



LOCAL GOVERNMENT: COUNTY, ETC. 69 

Good and efficient officers are elected year after year re- 
gardless of party politics. They are regarded like the 
officers of a large business company, and are kept in office 
as long as their services are good. 

Faults of Local Government. — Unfortunately the above 
remarks are not true of all counties, towns, and villages. 
In some of them during recent years there has been grow- 
ing up a considerable population of non-property hold- 
ers. Except in the villages these have the same rights 
as owners of property, and even in the villages they have 
the right to vote for village officers. Having no direct 
interest by a feeling of part ownership they vote for bad 
officers and for the expenditure and borrowing of large 
sums of money. There is now, however, a provision in 
the State Constitution restricting the expenditures of 
counties, towns, and villages, and the amount of money 
they can borrow. This is a good provision, but it does not 
do away with the evil which threatens to undermine the 
good qualities of our local governments. This evil lies 
in giving to everybody, whether he has any property in- 
terests or not, the privilege of voting on matters in which 
he has no real ownership. This makes him careless of 
the way he votes, for he does not care so long as he thinks 
that he does not have to bear the burden of heavy taxa- 
tion. The property owners, feeling that they will be out- 
voted, do not attend the town meetings, but stay at home 
and object to the heavy taxes that they have to pay. 
They scarcely deserve sympathy for taking such an atti- 
tude. 

Remedies for the Faults. — To keep our local govern- 
ment up to its old standard of excellence one of two steps 



7 o THE GOVERNMENT OF NEW YORK. 

seems necessary. Either the voting power must be given 
only to those who have property and pay direct taxes, 
or, if all are to be allowed to vote, then they must be 
made to realize by education that increased taxation bears 
just as heavily on those who do not pay direct taxes as 
on those who do. This will be clear, if you will remem- 
ber that all of us have to live in some dwelling. If we 
do not own it we have to pay rent. If direct taxes are 
increased the landlord is not going to bear all the burden, 
but makes us bear our share of it by increasing the rent. 
In the same way we bear our portion in the increased 
prices of the things we buy. If every voter realized this 
thoroughly he would not be so ready to vote for heavy 
expenditures. The difficulty of making him realize it 
is so great that some think it would be best to put the 
power of voting, in local governments at least, solely in 
the hands of those who pay direct taxes. The better way, 
of course, would be to have every voter well enough edu- 
cated to vote intelligently and to realize that he as well 
as the direct taxpayer is interested in seeing the govern- 
ment run well and economically. 

SUGGESTIVE QUESTIONS. 



i. Find out the names of the men who are holding the offices in 
your county, town, and village governments. 

2. When the privilege of voting has once been given is it an 
easy matter to take it away? Who has the power to 
change the qualifications for the privilege of voting in our 
local governments? 



CHAPTER IX. 

LOCAL GOVERNMENT: CITIES. 

Definition and Origin of Cities. — The city is in reality 
a large village. It may cover one town or several towns, 
one county or several counties. Cities existed in New 
York before there were incorporated villages. In Eng- 
land cities, under the name of boroughs, grew out of 
villages. Just as a village on account of its population 
needed a different form of government from that of the 
town, so a city on account of its larger population needed 
a different form of government from that of a village. 
When a village is incorporated the town government re- 
mains, but when a city is incorporated the town govern- 
ment ceases to exist. 

Number of Cities. — Population centers in certain dis- 
tricts largely because of manufacturing and commercial 
advantages which they have. Though there were four 
cities in New York before 1800, it was during the nine- 
teenth century, when manufactures and commerce grew 
with such great rapidity, that the number of cities was 
increased to forty. 

Classification of Cities.— In this State the cities are di- 
vided into three classes: (1) Those which have a popula- 
tion of 175,000 or more — New York City, Buffalo, and 
Rochester; (2) those which have from 50,000 to 175,000 — 

71 



72 THE GOVERNMENT OF NEW YORK. 

Albany, Syracuse, Troy, Yonkers, Utica, and Schenectady; 
(3) those which have less than 50,000. 

General and Special Laws.— The classification of cities 
was largely made for the convenience of the Legislature 
in making laws affecting cities, and in granting charters 
incorporating them. Many evils had arisen from the 
Legislature's enacting special laws affecting only cer- 
tain cities, and there was placed in the present State 
Constitution a clause restricting the Legislature in this 
matter. The Legislature may pass general laws affecting 
the cities of one or more classes, but if it enacts a special 
law affecting a special city or cities, such law is subject 
to veto by the mayor of cities of the first class, and by 
the mayor and legislative body of cities of all other classes. 
The Legislature may, however, repass the law over the 
veto, and it then goes to the Governor. 

Charters. — Every city when it is incorporated receives 
a charter or body of rules from the Legislature. In the 
case of cities of the second class the Legislature has 
attempted to make a uniform charter, but in the case of 
all other cities it has granted a special charter of incor- 
poration to each. Thus there are but a few cities in the 
State that have exactly the same government. They all 
differ in details, but are all alike in having the three 
departments of government — legislative, executive, and 
judicial — described in the chapter on cities in the first 
part of this volume. 

Mistakes of City Charters. — In drawing up the city 
charters our legislators early made the mistake of look- 



LOCAL GOVERNMENT: CITIES. 73 

ing upon the city government as they did on the Na- 
tional and State governments. They thought that all 
the checks and balances to be found in those should be 
put in city government. No one officer should be given 
much power, but it should be divided among several. 
They did not seem to realize that such division of power 
was not so necessary in a city government as it was in the 
National government. Their model, instead of being the 
National government, should have been a large business 
company or corporation. Their objects should have been 
not to have checks and balances, but to have the city 
government working as smoothly as possible. Greater 
power and responsibility should have been given to each 
officer, so that if anything went wrong the voters would 
have been able to pick out immediately the official whose 
fault it was. But where nothing could be done unless 
several different officials or departments gave their con- 
sent to it, if anything went wrong each would put the 
blame on the others, and the voter would not be able to 
find out just which one was responsible. Instead of serv- 
ing as a check on each other they all served as shields to 
corrupt action. Under the circumstances a great deal of 
crookedness went on, and the voter could not discover 
where it was. 

Old and New Charters — Such was the state of affairs 
when the celebrated Tweed Ring ruled New York City 
from 1869 to 1 87 1. After its overthrow the best citizens 
saw that great changes would have to be made in the gov- 
ernment of the cities if corruption was to be kept out. 
From that time to the present day, therefore, they have 
been working for changes along certain lines. These 



74 THE GOVERNMENT OF NEW YORK. 

have been: (i) to give a great deal of power, and 
therefore responsibility, to the Mayor, by putting into his 
hands the appointment of almost all the heads of the 
important administrative departments, and making him 
responsible for them; (2) to increase the length of the 
term of office of the Mayor so that he may have ample 
time to work out the problems of city government; (3) 
to put all minor city employees on a reformed civil-serv- 
ice basis, and thus remove from them the temptations of 
corrupt party politics; (4) to abolish the system of two 
houses in the city legislature and to have only one house; 
(5) to take away many of the powers of the one legis- 
lative house left, and to put such into the hands of a few 
officials; (6) to give to the cities far larger powers over 
their own local affairs and subject them less to the con- 
trol and interference of the State Legislature. How 
much has been accomplished along these lines is to be 
seen best from a comparison of the government of Buf- 
falo, which in a measure represents the old form, with 
that of New York City, which represents the new. 

New York City. — The last charter of this city, passed 
in 1 90 1, and with the amendments made to it in that 
and subsequent years, forms a good-sized book. It 
contains 209 large pages. Like all charters, it opens 
with a definition of the boundaries. New York City 
covers the counties of New York, Richmond, Kings, and 
Queens, a total area of nearly 32J square miles, and has 
a population of nearly 5,000,000. For the purposes 
of administration, election of officers, etc., the territory 
is divided into 5 boroughs, 66 wards, and 73 aldermanic 
districts. 



LOCAL GOVERNMENT: CITIES. 75 

Legislative Branch. — The legislative branch of the city 
government consists of one house, called the Board of 
Aldermen, the second house known as the Council hav- 
ing been abolished. In this body there are seventy-three 
aldermen — one elected from each aldermanic district, the 
President of the Board — elected by the city at large, and 
five Borough Presidents — one elected from each borough, 
making a total of seventy-nine members. The aldermen 
hold office for two years. They elect the City Clerk, 
who holds office for six years and keeps the record of 
proceedings. The powers of this board are such as ordi- 
narily belong to the Board of Trustees of a village. They 
include the making of municipal ordinances concerning 
the conduct of the citizens, the appropriation and bor- 
rowing of money, and the fixing of certain salaries. The 
Mayor may veto any measure passed by the board, and it 
can be passed over his veto only by a two-thirds vote for 
ordinary bills, and a three-fourths vote, if the measure is 
one involving taxes and expenditures. The character of 
the men chosen to the Board of Aldermen has not always 
and uniformly been of the best, and the Legislature of the 
State has shown a tendency to reduce its powers more 
and more. In matters of finance it can practically do 
nothing in the way of increasing expenses without the 
consent of the Board of Estimate and Apportionment, but 
the latter can in many cases appropriate money without 
the consent of the Board of Aldermen. One of the re- 
cent acts of the State Legislature has been to take away 
from the Board of Aldermen the power over franchises, 
and to place this in the hands of the Board of Estimate 
and Apportionment. Many citizens are now urging the 
abolition of the Board of Aldermen altogether, as a body 



76 THE GOVERNMENT OF NEW YORK. 

which has outlived its usefulness. They hope to have 
its powers given to a smaller and more responsible board 
elected at large and not by districts. 

The Executive Branch — At the head of the executive 
branch of the city government stands the Mayor. The 
Mayor holds office for four years. To assist him and 
be directly responsible to him in carrying out the du- 
ties which he has to perform the Mayor appoints : 
(i) The Corporation Counsel, who gives legal advice 
to the city officials and attends to suits brought by 
and against the city; (2) the Commissioner of Police; 
(3) the Commissioner of Water Supply, Gas, and Elec- 
tricity; (4) the Commissioner of Street Cleaning; (5) 
the Commissioner of Bridges; (6) three Commissioners 
of Parks; (7) Commissioner of Public Charities; (8) 
Commissioner of Correction; (9) Fire Commissioner; 
(10) Commissioner of Docks and Ferries; (11) five 
Commissioners of Taxes and Assessments; (12) forty- 
six members of the > Board of Education, appointed for 
five years, which in turn appoints the City Superintendent 
of Schools and other Associate Superintendents. These 
form the Board of Superintendents, and in its hands 
is placed the actual running of the schools of the city, 
though the Board of Education has it within its power to 
overrule it. The Board of Education also appoints a 
Superintendent of School Buildings, a Superintendent of 
Supplies, and a Supervisor of Lectures; (13) Commis- 
sioner of Health; (14) Tenement House Commissioner; 
(15) Commissioners of Accounts; (16) Municipal Civil 
Service Commissioners. With the exception of the mem- 
bers of the Board of Education, all of these officers are 



LOCAL GOVERNMENT: CITIES. 77 

absolutely responsible to the Mayor and are removable 
by him. 

Finance Department of the Executive. — The finance de- 
partment of the city executive is not controlled by the 
Mayor. It consists of the following officers : ( 1 ) The 
Comptroller, elected for four years by the whole city and 
having supervision over all matters pertaining to receipts 
and payments of money, and debts contracted by the city ; 
(2) the Chamberlain, appointed by the Mayor and having 
custody of the city funds — his duties are the usual duties 
of a Treasurer; (3) four Commissioners of the Sinking 
Fund, who are the Mayor, the Chamberlain, the Presi- 
dent of the Board of Aldermen, and the Chairman of the 
Finance Committee of the Board of Aldermen. The prin- 
cipal duty of this commission is to see that proper provi- 
sion is made for the payment of the city debt; (4) the 
Board of Estimate and Apportionment, consisting of the 
Mayor, the Comptroller, the President of the Board of 
Aldermen, and the five Borough Presidents. In the hands 
of this small board practically rests the control of all ex- 
penditures of the city funds. It estimates the expenses 
for the coming year and apportions the funds among the 
various departments, which all submit estimates for this 
purpose. The Board of Aldermen may decrease, but it 
may not increase the estimates thus made and submitted 
by the Board of Estimate and Apportionment. The 
amount of debts which the city may contract is limited by 
the Constitution. 

Judicial Branch. — Besides a special arrangement of 
the County Court, which exists for New York County, 
and the regular county system of courts for the other 



7 8 THE GOVERNMENT OF NEW YORK. 

counties in New York City, there are the Municipal 
Court, the Court of Special Sessions, and the City Magis- 
trates. These have been described in the chapter on the 
judiciary of the State, but there is to be noted about them 
the power of appointment which the Mayor has in the 
case of the Justices of the Court of Special Sessions and 
in that of some of the City Magistrates. 

Boroughs. — New York City is so large that it is divided 
into five boroughs — Manhattan, the Bronx, Brooklyn, 
Queens, and Richmond — for the purposes of more effect- 
ive administration in those localities. The voters of each 
of these choose every four years a Borough President. 
His most important duties are those relating to local im- 
provements in his borough. These include the grading, 
curbing and guttering of streets, the construction, repairs 
and cleaning of the sewers and of certain public buildings, 
the erection and care of public baths, and the placing of 
street signs. He appoints ( i ) the Commissioner of Pub- 
lic Works and (2) the Superintendent of Buildings within 
his borough. He is the head of the Local Improvement 
Boards, which consist of himself and the aldermen of the 
aldermanic districts lying within each of the Local Im- 
provement districts into which the borough is divided. 

The City of Buffalo. — Buffalo, in Erie County, has a 
population of over 400,000 and an area of about forty- 
two square miles. For purposes of administration and 
election of officers it is divided into twenty-seven wards. 

The Legislative Branch. — The legislative branch of the 
Buffalo city government is of the old type and has two 
houses: (1) A Board of Councilmen, nine members 



LOCAL GOVERNMENT: CITIES. 79 

elected for four years, and (2) a Board of Aldermen, 
twenty-seven members elected, one from each ward for two 
years. They elect a City Clerk. Their powers are much 
the same in kind, but greater in scope than those now ex- 
ercised by the Board of Aldermen of New York City. 
As the assent of both houses is needed for any measure, 
there is much wrangling between them and much delay. 

The Executive Branch. — The Mayor is elected for four 
years, but he has far less power than the Mayor of New 
York City. Less than half of the heads of executive de- 
partments are appointed by him, the others being elected 
by the people. In the Department of Finance the Comp- 
troller and the Treasurer, in the Department of Assess- 
ment the three Assessors, in the Department of Law the 
Corporation Council, in the Department of Public Works 
the Commissioner, in the Department of Education 
the City Superintendent, and in the Department of the 
Poor the Overseer, are all elected, and the Mayor has 
but little control over them. He appoints two Police 
Commissioners, a Commissioner of Health, three Fire 
Commissioners, five Park Commissioners, and five Ex- 
aminers of Public Instruction. The Mayor may for 
cause remove all city officials with but a few exceptions. 
It will be noticed how frequently there are several com- 
missioners instead of one in a department. That is the 
way it used to be in New York City, but now one commis- 
sioner is appointed by the Mayor and must accept sole 
responsibility. Also to be found absent from the Buffalo 
executive branch is that body which has worked so well 
in New York City— the Board of Estimate and Appor- 
tionment. 



80 THE GOVERNMENT OF NEW YORK. 

Judicial Branch. — In Buffalo the judicial branch of the 
city government consists of two courts: (i) The City 
Court — six judges elected for different terms, with both 
civil and criminal jurisdiction. It is divided into various 
branches which consider different kinds of cases; (2) The 
Children's Court — one judge elected for ten years, with 
jurisdiction in cases of children under sixteen years of 
age. It is to be noted in contrast how many judicial 
officials are appointed by the Mayor of New York 
City. 

Cities of the Second Class. — In providing for the govern- 
ment of cities of the second class — Syracuse, Albany, Troy, 
Yonkers, Utica, and Schenectady — the Legislature followed 
those lines of development which we have already noted as 
being followed in the case of New York City. In the 
legislative branch there is only one house; in the execu- 
tive branch the Mayor has very large powers of appoint- 
ment, and there is a Board of Estimate and Apportion- 
ment with almost the same powers as that in New York 
City. Thus has the movement gone on for giving the 
officials of our cities greater power and greater responsi- 
bility. The tendency now is to organize cities like great 
business corporations, and we may regard this as an 
excellent sign. 

Criticism of Our City Governments. — It is generally con- 
ceded that in no form of government have the Ameri- 
cans made a greater failure than in municipal government. 
In New York State we have in the past failed as much 
in this form of government as have the people in the 
cities of other States of the Union. Corruption and in- 
competence among city employees have been very great, 



LOCAL GOVERNMENT: CITIES. 81 

extravagant expenditures of money have gone on with- 
out check, great debts have been incurred, and the State 
Legislature by special bills has frequently interfered to 
make matters worse. 

Causes for the Evils. — These evils have been due to 
several causes: (i) Large numbers of foreigners have 
flocked to our cities. Having the privilege of voting, 
but not understanding our institutions, they have been 
led blindly to follow and vote for corrupt men. This must 
not be emphasized too much, however, because in some 
of our cities where Americans prevail in numbers there 
has been just as much corruption. (2) The lack of a 
property qualification for voting may be given as a sec- 
ond cause. Voters who have no property and do not have 
to bear the burden of direct taxation are not so careful 
about voting for extravagant expenditures as are those 
who have to bear the burden. (3) The educated and 
well-to-do citizen has been indifferent and has not even 
gone to the polls to vote because of a feeling that what 
little good he might do by it would be entirely nullified 
by the great number of votes of the illiterate class and 
those who have no interest in seeing expenses kept down 
and the government well run. (4) The municipal elec- 
tions have been held at the same time as National and 
State elections, so that the real city issues have been for- 
gotten and votes cast with only the National and State 
issues in mind. (5) The city governments have been 
run in the interests of the great State and National po- 
litical parties. (6) The State Legislature has constantly 
interfered in the purely local affairs of the cities and has 
refused to give them any but a small measure of " home 



82 THE GOVERNMENT OF NEW YORK. 

rule" in such matters. (7) The cities have grown so 
rapidly in population and area that the expenses incurred 
for the laying out and paving of new streets and other 
necessary improvements have all come at once and caused 
a much larger debt than would otherwise have arisen. 
(8) The cities have attempted to enforce restrictions 
against gambling and drinking which would be impos- 
sible in even the most successfully governed European 
cities. (9) Lack of foresight in making provision for 
public parks when land was cheap has caused heavy 
expenditures for them when it had grown expensive. 
(10) The worst evil of all, however, is a moral one. 
Ordinary business men who are honest in their private 
affairs have seemed to regard the city treasury and city 
franchises as proper objects for plunder. They have fur- 
thermore disregarded city ordinances and bribed officials 
to allow them to do so. On their shoulders rests the 
blame for much of the corruption which has shown itself 
in our city governments. 

Remedies Applied — (1) The Municipal Civil Service 
has been very extensively reformed. Minor positions 
are now given according to the grading received in exami- 
nations. The holders of them remain in office year after 
year, no matter what party may win in the election. 
Thus positions can no longer be awarded for party serv- 
ices or for the payment of a bribe. (2) Clauses have 
been placed in the State Constitution limiting the indebt- 
edness of cities, and restrictions placed on the Legislature 
in passing special acts in regard to cities. (3) The time 
of holding municipal elections has been placed on a dif- 
ferent date from those of the National and State elections, 



LOCAL GOVERNMENT: CITIES. 83 

and in many cities a party has sprung up which interests 
itself in city affairs alone. This has interested many 
citizens in city affairs who previously did not care enough 
about them to vote. 

Existing Evils. — In recent years we have made great 
improvements in the government of our cities in this 
State. Though we have got rid of many evils, there are 
others which we should do our best to have done away 
with. (1) One of these is the tendency on the part of 
our mayors to appoint party leaders as heads of depart- 
ments. These men know nothing of the work of their 
departments and are constantly making serious blunders. 
To make matters worse the departments do not work to- 
gether well. Authority over the same thing is frequently 
divided among several, each one giving orders without 
reference to what the others are doing. This explains, for 
example, why it is that sometimes streets are no sooner 
nicely paved by one department than they are torn up by 
the orders of another to lay gas pipes, electric-light wires, 
etc. (2) A second is the almost unlimited privilege of 
voting. Some reformers think we should do well to put 
in force the rule which we have in our villages, that is, 
when questions of taxation and expenditure are involved, 
only those who are direct taxpayers have the privilege of 
voting. The institution of a Board of Finance for whom 
only the direct taxpayers could vote would accomplish this 
end. (3) A third evil is that we still try to do too much. 
There are certain moral evils in our cities, such as drink- 
ing, gambling, and the like, which we should be much 
more successful in dealing with if we tried to regulate 
them rather than to stamp them out. (4) Unrestricted 



84 THE GOVERNMENT OF NEW YORK. 

immigration brings to the cities hordes of foreigners. The 
city has to undertake the education of these and of their 
children. This is a great burden on the finances. The 
National government, which is largely responsible for this 
condition of affairs, does not bear any of the cost. (5) 
Hasty extravagance in finance is another evil. Works 
are undertaken and completed which might well be left 
to future generations. (6) In one way or another the 
State Legislature still interferes too much with matters 
which should be left to the people in the cities themselves 
to decide. When the cities wish to do something which 
merely concerns themselves they must first go to Albany 
to get permission through legislation. (7) Valuable 
franchises are granted to corporations, and the cities do 
not receive sufficiently good prices for them. (8) Pri- 
vate citizens and large corporations still violate municipal 
ordinances, and when called to account buy up or try to 
buy up the officials whose duty it is to enforce them. 

Influence of the Newspapers. — The subject of the cities 
cannot be left without saying something about the influ- 
ence for good which our newspapers have had. Corrup- 
tion and inefficient government are killed by publicity. 
This the ever-watchful press has given them. The good 
citizen will always be a reader of the newspapers. Ab- 
sorbed in business, as the average man is, he has too little 
time to uncover the schemes of crafty politicians. For 
this he must rely upon the press, and the faithful reading 
of it will make him an intelligent voter and citizen. 

SUGGESTIVE QUESTIONS. 
I. Was the city organized under a general law of the State, or was it 
granted a special charter? Does the legislature enact special 
laws for the city? 



LOCAL GOVERNMENT: CITIES. 85 

2. The mayor: term, salary. What are his principal powers? Should 

his responsibility be increased? 

3. The council or board of aldermen: number of members, term of 

office, manner of election, compensation? 

4. The municipal courts and judges. 

5. Administrative departments : make a complete list of these. Are 

they controlled by boards or by single officers? How do the 
officers obtain their positions ? Are they paid salaries ? Of what 
business does each have charge? 

6. How are the water, lighting, and street-car plants managed? Do 

you believe in the municipal ownership of any of them? Give 
reasons for your opinion. 

7. How do police officers receive appointment? If an officer fails to 

enforce an ordinance, what course would you take to secure its 
enforcement? 

8. Are partylines closely adhered to by voters in city elections? Are 

independent party organizations formed? Are they successful? 

9. What can you learn of reform movements that have taken place in 

your city's history? Give the causes for the success or failure 
of these. 

10. What is the cost of your city government per annum? Is it 

economically administered? What are the principal items 
of expense? Has the city other sources of revenue besides 
taxation? 

11. What are the excellent features of your city's government? What 

are its faults? How may the latter be corrected? 

12. Mention some ways in which students can assist in bringing 

about better conditions in your city. 

13. Consult or obtain the following: (a) City Charter; (b) City Ordi- 

nances; (c) Municipal Manual; (d) annual reports of the various 
departments or boards; (e) printed forms used in the offices of 
the city clerk, treasurer, and assessors; (f) copy of a declara- 
tion of taxable property; (g) tally sheets and records used at 
the polls; (h) sample ballots; (i) legal notices from the daily 
newspapers. 



CHAPTER X. 

NOMINATIONS AND ELECTIONS. 

Introduction. — Down to this point in our narrative we 
have been mainly concerned with an outline of the cen- 
tral and local governments in New York State, and their 
working. The State has so many activities, and does so 
much, that we might spend many more chapters in de- 
scribing the management of the departments of agricul- 
ture, of public lands, canals and navigation, and so on, 
but for our purposes it will be sufficient if we devote this 
and the following chapters to the treatment of a few 
selected topics: (i) Nominations and Elections; (2) 
Local Taxation ; (3) State Finance; (4) Education; (5) 
Amendments to the Constitution. 

Importance of Elections. — If all government could be 
carried on after the style of the Town Meeting we should 
have very little to say of elections. In some cantons of 
Switzerland the government is conducted in that way. 
The citizens all assemble in one place, make known their 
wishes, and then go to their homes. But such a simple 
method can exist only where the area of the State and 
its population are very small. When these have increased 
very much in size there is no place large enough for the 
meetings to be held where anyone can make himself 
heard, and the distance to travel is so great that only the 

86 



NOMINATIONS AND ELECTIONS. 87 

few who live near the meeting-place can attend. Under 
such circumstances a method has to be devised by which 
the ordinary citizen can make his wishes known, and yet 
not have to attend the meeting himself. He and his 
neighbors elect a representative to go to the meeting and 
make known their wishes. That is why elections are 
important, because through them the ordinary citizen is 
enabled to take part in the government. 

Who Take Part in Elections. — Not all the people who 
live in the State or district take part in elections, for vot- 
ing is a privilege and not a right. If those who enjoy 
the privilege do not see fit to admit others to it there is 
no legal or peaceable way by which they can be compelled 
to do so. All people under age, foreigners not naturalized, 
women, and many others are not allowed the privilege 
of voting, though they may have the protection of the 
laws and every other right and privilege that the voter 
has. Even a man who has had the privilege of voting in 
one district in the State may not have the same privilege 
in another district unless he has all the " qualifications for 
voters " mentioned in Chapter II. 

Political Parties. — It has been usual from earliest times 
for those who held the same ideas on certain questions of 
government to group themselves together and try to 
choose their man to run the government to suit them. 
At first these groups had no organization, but New York 
State was one of the first in which parties began to have 
a regular organization with recognized leaders. From 
our study of history we know that the two first parties 
after the Revolution were the Federalists and Anti-Fed- 



88 THE GOVERNMENT OF NEW YORK. 

eralists. The latter afterwards took the name of Repub- 
licans. After the War of 1812 the Federalists died out, 
and the Republicans had things all their own way for 
a time. At the time of Jackson they split into two parts 
— the Democratic Republicans and the National Repub- 
licans. The latter finally took the name of Whigs, and 
then split up into a large number of different parties on 
account of the slavery question. Ultimately out of all 
these grew up a party which called itself the Republican 
party. The old Democratic Republicans had dropped 
the latter portion of their name and called themselves 
Democrats. The new Republican party was victorious 
in the elections just preceding the Civil War, and ever 
since that time there have been two chief parties in our 
State — the Democratic and the Republican. There have 
been, and there are now, numerous other parties, but of 
these we have no space to treat. 

Organization of a Party. — Parties are, of course, private 
organizations, and do not form a part of the government 
of the State. Any expenses to which they may be put are 
paid for by subscriptions from members. The objects of 
organized parties are to hold voters of the same political 
opinions together, to nominate a man for office who will 
carry out those opinions, and to get him elected. To 
accomplish the above objects in a State having a large 
population and a large area requires a somewhat compli- 
cated organization of parties. Any group of men desir- 
ing to be recognized by our State as a party with the 
rights of organization must show that they polled at 
least 10,000 votes at an election at which a Governor 
was chosen. The business of a party is managed by an 



NOMINATIONS AND ELECTIONS. 89 

elected committee. As each party is a private affair it 
may have an organization to suit itself, except in so far 
as the State Legislature has stepped in to regulate certain 
matters. No two parties are therefore exactly alike in 
the details of their organization, but in general they are 
very similar. 

The Primary. — We saw that government by means of 
representatives grew up because of a large area and popu- 
lation. In the same way a representative system had to 
be devised for making nominations for office. In small 
districts, such as the town, nominations for office can be 
made directly by a meeting of all the voters of a party, 
just as the government can be carried on by the town 
meeting, but in a larger and more densely populated dis- 
trict nominations have to be made by the representative 
plan. To make nominations in a small district, all that 
is necessary is a meeting of the voters of a party in that 
district. This is known as the " primary." In the State 
the district for a primary is usually a town, but in the 
cities primaries are held in the divisions of Assembly 
Districts, or of city wards, these divisions being known as 
''election districts," comprising about four hundred voters 
each. This primary makes nominations for the local offi- 
ces, or elects members of a committee or convention which 
has such nominations in charge, and, at the general elec- 
tion, the names of these nominees appear on the ballot 
with the names of those who have been nominated after 
much the same fashion by other parties. 

Direct Primaries. — In 191 1 a law known as the "Direct 
Primaries Law" was passed by the Legislature and signed 



90 THE GOVERNMENT OF NEW YORK. 

by the Governor. Its purpose was to make it possible for 
the voter to express a direct choice for a candidate whom 
he wished to see nominated for an office. 

Except for officers to be voted for by the voters of the 
whole State, in which case candidates may be nominated 
only by the State Convention of the party, nominations on 
the official primary ballot may be made in two ways: (i) by 
committees or (2) by petition. The various committees 
are: The Congressional District Committee which may 
have placed on the primary ballot the name of the candi- 
date for the party nomination for member of the House of 
Representatives; the Senatorial District Committee for a 
State Senator; the Judicial District Committee for a Jus- 
tice of the State Supreme Court; the Assembly District 
Committee for a member of the Assembly; the County 
Committee for county offices; the City Committee for city 
offices ; and other committees for officers to be chosen from 
certain districts. Nominations on the primary ballot for 
members of the State Convention and of the State Com- 
mittee may be made by any of the committees that the 
rules of the party may prescribe. In the hands of the State 
Committee rests the power, in years when a Governor is 
not to be elected, to make nominations for offices made 
vacant by death or otherwise, provided these offices are 
those to fill which the voters of the whole State vote. It 
also has the important function, in years when a President 
of the United States is to be chosen, of nominating the 
electors for the President and Vice-President. 

The members of the above committees are chosen by the 
voters at the primary and in a measure carry out their 
wishes. To make it possible, however, for the voters to 
get a candidate nominated by the party whom a consider- 



NOMINATIONS AND ELECTIONS. 9 1 

able number of them wish, the law provides that if five 
per cent, of the enrolled voters of a party in the district, 
for which the officer is to be chosen, get up a petition for 
a certain man, his name shall be placed on the primary 
ballot. The number of the signers of the petition, how- 
ever, must not be less than four per cent, of the total vote 
cast by the party at the last election in the district. 

The names designated by the committee and those des- 
ignated by various petitions then go on the primary ballot 
and the party voters of the district determine by their 
votes who shall be the nominee of the party. 

Conventions. — Each party may have as many different 
conventions as it pleases, but the State law makes mention 
of a State Convention and an Assembly District Conven- 
tion. By law the latter elects delegates to the State Con- 
vention, but delegates to the Assembly District Conven- 
tion and to all other conventions, except the National 
Convention, must be chosen at the primaries. 

The State Convention of a party is its most important 
body. It makes public the principles and doctrines of the 
party and, as we have seen above, nominates men for State 
offices, such as that of Governor, Lieutenant-Governor, 
etc., who are to be voted for by voters of the whole State. 

National Convention. — The delegates chosen either by 
the State Convention or in the Congressional Districts of 
the State, and four delegates- at-large attend the National 
Convention of the whole party. Here committes and offi- 
cers of the party are chosen, the principles and doctrines 
of the party known as a " platform " are drawn up, and men 
are nominated for the offices of President and Vice-Presi- 
dent of the United States. 



92 THE GOVERNMENT OF NEW YORK. 

Irregularities. — Complicated as this method of making 
nominations may seem, it is in reality not nearly so sim- 
ple or so regular as it appears here. If we were, however, 
to give all the details and the many exceptions, we should 
have to occupy an entire book with them. 

Time of Holding Primaries. — The regular primaries are 
held on the seventh Tuesday before election day. In the 
year of a Presidential election there is an extra primary 
held on the last Tuesday in March for the purpose of choos- 
ing delegates to conventions which have to do with the 
National Convention. 

Voting in Primaries. — On account of the frauds prac- 
ticed in primaries, the State has found it necessary to 
pass very strict laws in regard to their management. Only 
those regularly enrolled as members of the party in the 
district are allowed to vote. The public election officers 
arrange for the place of meeting, and State law sets the 
hours between which the members may vote as from 3 to 
9 p. m. Any attempt at fraud, such as refusal to allow the 
ballot box to be inspected before the voting begins, and 
allowing non-members to vote, and counting the vote in 
secret, invalidates the nomination. When the primary 
has finished its work, it has set in movement the whcle 
machinery of the nominating conventions which we have 
mentioned above. 

Rival Delegations. — It frequently happens that two sets 
of delegates are sent by some primaries to a convention, 
or from a lower to a higher convention. These cause 
endless disputes, which are sometimes settled only by allow- 



Facsimile of Front of Official Primary Ballot 



INSTRUCTIONS. 



8 iSI., 1 M9?AS S- - J - -Sti^of^se^fPS™r ptm po"™-. 0B tov /tt^akV^lVperSS?- 

'JKJSjWffJUKrEftSiSSSM ivctVrIAVK^ bOLOMJI *SrT OTHER HARE THAN THZ CROSS iX> HARK USED-TOR THE P0RPO3E OF VOTL10, OR AKT ERtSCRE HAD* 
■TaLLOT^IAAE™ "^SvlTO^ChVOrem kcOTSTED i RERBKt liVoV TEAR OR DEFACE OR WRO.VGjOU, « MARS IRQ BALLOT. ROTOR* IT 1SB OBU1S . AKOTRBV BCT Out 
OffiOSAL RAUOT RAJ BE.IHTS OSIALVED. 



Official Ballot for the Primary Election of the &*s:) Party 

County September 19, 1911 
Ywb W CHy1 ef . . 



(If City). 



(Or AmmMr DlttrlsO 



_Ward 99th Election 



o 



o 



o 



OEORGE PRICE. 



'fa Umbm « U»H» ■ 



earit bhoxr 



o 



PATRICE MrEPHY. 



BAAC ETCTT 



1 

o 



(OHM SMITH. 



CEORCE LEECH. 



PELU? CV8TES. 



JAKES BAILEY. 



MORPJ3 EAT . 



EDWARD CARROLL. 



HARVEY HALE. 



HRVIT PRATT. 



traotc daxtxls. 



lO RER T 'RL UR 



CZOROR ATWOOD. 



IBM BALLOT MOULD BE MARKED IRONS Of TWO WAfS WITH A PENCIL HaTInC BLACK LtAD 

1U WffiASTMi a PARTY COLUMNS. 

IF THE TICKET HARKED IN THE CIRCLE FOR A STRAIGHT TICKET DOES NOT CONTAIN THE NAMES OP CANDIDATES FOR ALL OFFICES FOR WHICH THE ELECTOR 

ANY OTHER MARK THAN THB CROSS X MARK USED FOR THE PURPOSE OF VOTING OR ANY E.TASURE MADE ON THIS BALLOT. HAKES IT VOID, AND NO VOTE CA 
W TOO TKAB. OR DEFACE, OR WRONCLT MA. ft* THIS BALLOT. RETURN IT AND OBTAIN ANOTHER 


ON AHOIHER 


*"" * "" — 




o 

1EPUBLICAK TIMET 

For President, 

william Mckinley. 

For Vice-President, 
NIEODORE ROOSEVELT. 


* 

O 

DEKOCSATICTICJEt 

For President, 
WILLIAM J, BRYAN. 

For Vice-President, 
».DLAI E. STEVENSON. 




S0CIA1BT LABOR TICIET. 

For President, 
I0SEPH F. MALLONEY. 

For Vice-President, 
VALENTINE REMMEL 


^EJ^ 

o 

PROnTEiTTON TICICET. 

For President, 

JOHN G. WOOLLEY. 

For Vice-President, 

HENRY B. METCALF. 


INDEPENDENT 
N0MINATION& 

I 



SOCUlDEUOCRATICTICKn. 

For President, 
EUGENE V. DEBS.' 
For Vice-President, 
JOB HARRIMAN. 


BUNK COLUMN. 

The column below, under 




LwXJS'HiiEL! 


"S^cScT 


'cHT^riusT 




^MSEr 




c.3STm 


fcBtcKa --.-. 




SAMUEL ) U'.OERHILL. 


ROBERT C TITUS. 


MAX FORKEK 




WILLIAM W SMITH 


- 


CARL VOSE 






ISRAEL |. MERRITT. 


CHRISTIAN BAKES. 


HEHRY M RANDALL 


JULIUS HALPERN. 






SaUUEL ROWLAND. 


EDWIN KEUPTON. 


CHARLES VOLLMER. 




ISAAC K. FUNK 




VALENTINE S WORTH. 






MICHAEL ) DaDY 


EDWARD KAUFMANN. 


JAMES BYRNE 




BEHJAMIH REYNOLDS 




PETER E BURROWES. 






CHARLES H RUSSELL. 


HENRY GEORGE ji 


ARCHIE JARROLD, . 




"" EDWARD aIwEZEY.Ja. ' 




ARTHUR K. UAYNARD 






WILLIAM J SEATOH. 


CHARLES F A WALSH. 


ALFRED B-PETTTTT 






HENRY C FISCHER. 


RUDOLPH CHARLES BACKER 


PETER FIEBIGER. 




WILLIAM E BROWN. 




THOMAS FENDERGAST 






JOSEPH SIUONSON. 


JOHN E. WALSH. 


JOHN KELLY. 




ROBERT SCOTT. 




FRANZ W CA5TEJGEE 






WILLIAM E BILLINGS 


Samuel kahn. 


RICHARD GOULD. 




CHARLES W. McLELLAN 




WILLIAM WOLLNTE ' 






HERMAN 1 KATZ. 


MICHAEL H WHALEN 


EPHEAIM SIFT. 




TIMOTHY N. HOLDEN. 




HENRY O. VITALIUS 






1 FRANK T1LF0RD 


RICHARD FIT2PATRICK 


john Mcelroy. 




■GEORGE CETHIH. 




HENRY O JACKSON. 






SAMUEL i K0EN1G. 


MICHAEL F' LYONS. 


BICHARD.HUNTER 




EMORY CUMMIHGS. 




JAMES W. FURNS1DE 






ARTHUR P STURGES 


HENRY HACHEME1STER. 


CHARLES KEVEHEY. 




JOHN UcKEE 




ANTHONY J OESCHGER. 






JAMES YEREANCE 


JOHN J HARRINCTOH 


CHARLES C CRAWFORD 




CHARLES E. LATIMER 




HENRY LUX 






EMANUEL W BLOOMINGDALE 


CHARLES FREDERICK NAETIIING 


FREDERICK C FULLING. 




JEREMIAH T. BROOKE. 




HERMAN OUADR. 






WILLIAM 3HERER 


JOHN MtQUADE 


LEON E FILOUT. 




ALBERT T. HULL. 




HANS HEDRICH. 






FRANK V. MILLARD 


JOHN BRISBEH WALKER 


MAGNUS SVENSON 




CLARENCE U. LYOH. 




FRANK HEERMANN. 






CLARENCE LEKOW. 


EDWARD STOCKEI 


GEORGE ABELSON. 




JAMES C RIDEE 


WILLIAM W1HEELMAH 






IOHN N CORDTS 


JOHN C HOORNBEEK. 


OWEN CARRAHER. 




MITCHELL DOWNING. 




RICHARD EITCHELT. 






PETER MtCARTHV". 


THOMAS H CAMPION 


MATHEW STEEL, 




NATHANIELS POWERS 




WILLIAM UPPELT 






SAMUEL L MUHSON 


WILLIAM H. KEELER. 


ALBERT W B BOWER- 




LEVI DEDRICK. 




WILLIAM NEUMANN. 






WILLIAU S. C WILEY- 


ROBERT WEMPLE 


EDMUND BULLENT 




SPENCER BILLINGTOH. 




FRANZ SCHMITT. 






ROYAL NEWTON. 


CHARLES OSCAR UcCREEDY 


CHRISTMN MAHR 




WILLIAM R PLACE 




CHRISTIAN WARD 






WILLIAU T NEIL 


HENRY E BARNARD. 


CHRISTIAN ROSSBACR 




JONATHAN E HOaG. 




JOHN H. BULLARD. 






OAVIO M ANDERSON. 


LAURENCE CLANCY. 


JAMES A. TRAINOE. 




FREDERICK E DEVENDORF. 




AMENZO H BUTTEEFIELD. 






ROBBRT M.cKINNON. 


ABEAM ■. WEAVER 


GEORGE E COFFIN. 




WILLIAM C GRAY. 




CHARLES WILLIAMSON 






WILLIAM C PHELPS. 


THOMAS KEEBY 


FRANK DANKHOPF 




EDWARD H. KILLER 




CHARLES H. WHEELER 






RANSOM R TRUE. 


GEORGE WEU.S SALISBUIY. 


JAMES E WHITE 




ARTHUR HAT*. 




CHARLES E WILSON. 






ROBERT RUSHBV. 


JAMES M MILNE. 


1 JOHN H MORRIS. 




JOHN W BARRUS. 




JACOB THISSEH. 






FRANKLIN D SHERWOOD 


HOSE* H. ROCKWELL. 


ELMER HARBISON. 




CASPER 0. DECREE 




GEORGE C JONES. 






CHARLKJ F PRENTICE. 


JAMES J. MAHONEY. 


EOBEBT WILL. 




WILLIAM E BOOTH. 




Joseph c doll. 






CEORGE EASTMAN 


JAMES E CONLEY. 


CHARLES A RUBY. 




BENJAMIN C MONTGOMERY. 




GEORGE 1. WASHBURHE 






CHRISTIAN CLINCH 


WILLIAM SIMON. 


CHARLES NELSON. 




EDWIM PUZKY 




HERMAN REICH. 






GEORGE URBAN. J. 


JOHN McCLURE WILEY 


JAMES W SHaBPE 


JOSEPH H. SHEARER. 




JULIUS CEEBEE 






HERBERT C RICH 


DANIEL P. TOOUEY 


ROBERT JOHNSON. 

CHARLES h"cS.'*W 




JOHN NICHOLSON 




ADOLFH JABUHOWSKJ 






BENJAMIN.* ODELL J. 


JOHN B. STANCHFIELD. 




WILLIAM T. WAEDWELi. 




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SPECIMEN BALLOT. 



NOMINATIONS AND ELECTIONS. 93 

ing each delegation to cast half the vote to which the dele- 
gation is entitled. 

Instructed and Uninstructed Delegations. — It is com- 
mon for the primary to "instruct" their delegates how 
to vote in the conventions to which they are chosen. If 
this convention chooses delegates, these in turn are in- 
structed how to vote at a higher convention. The dele- 
gates are, however, frequently sent " uninstructed," and 
are thus allowed to use their best judgment as to whom 
they shall vote for in a nominating convention. 

Independent Nominations. — Nominations for office may 
be made by other means than by the use of a party organ- 
ization such as that sketched above. For example, if six 
thousand or more voters wish to nominate a certain man 
for Governor, they may sign an " independent certificate 
of nomination," send it to the official who has charge of 
the ballot, and their candidate's name will appear thereon. 
For officials elected by smaller districts than the whole 
State the number of names required for an independent 
nomination is less — that required for a town official, for 
instance, is only one hundred. 

Filing and Publication of Nominations. — When the nom- 
inations are once made by the primaries, conventions, and 
independent groups of voters, they must be filed with the 
proper officials and published in a certain number of news- 
papers at specified times before the election. Nominations 
for officers for which the whole State is the district must 
be filed with the Secretary of State; those for offices for 
which the district is larger than the county must be filed 
with the Secretary of State and the county clerks of all 



94 THE GOVERNMENT OF NEW YORK. 

counties in the district; those for town, village, and city 
offices with the clerks of those places; those for all other 
offices with the county clerk. The county clerk sees to the 
publication of all nominations except those for town, village, 
and city offices. The clerks of these respective places attend 
to the posting or publishing of these. 

The Ballot. — All the nominations thus filed are printed 
at public expense on a single sheet of paper. The arrange- 
ment is specified by law, and the ballot is known as the 
" Australian ballot," because the form was invented in 
Australia. Each organized party has a special column in 
which its nominations are placed, and at the top of each 
column is an emblem, such as a star, or an eagle, by which 
the voter can easily recognize the column of his party. 
Under eacli emblem is a circle and in front of each name 
is a little square, for the purpose of enabling a voter to 
vote a "straight" or a "split" ticket. Independent nom- 
inations have a column of their own, and there is in addi- 
tion a blank column in which a voter may put down the 
name of any man for whom he wishes to vote for any of the 
offices. 

Time of Election. — Everything from the point of view 
of nominations is now in readiness. Almost all that we 
have been studying has been done outside of the control 
of the State, with the view of getting certain men elected 
on election day. The time of election and almost all of the 
election machinery which is now to be described is a matter 
of State law. Election day comes annually on the Tuesday 
next after the first Monday in November. To enable every 
voter to cast his vote the day is made a holiday, and the 



NOMINATIONS AND ELECTIONS. 95 

voting places remain open from six o'clock in the morning 
until five o'clock in the afternoon. 

Election Districts. — For the convenience of voting and 
counting the votes the State Legislature has provided for 
the division of the territory of the whole State into elec- 
tion districts. These contain approximately four hundred 
voters, but in area they naturally vary from a whole town 
to a portion of a city block. In each of these there is a desig- 
nated place where voters register and cast their ballots. To 
vote in a district a voter must have been in residence there 
thirty days previous to election day. If he has moved into 
the district within the period of thirty days previous to 
election day he loses his vote altogether. 

Registration and Election. — To attend to the business of 
registration and voting in a district there are appointed 
by the local authorities: (i) Four inspectors; (2) two 
poll clerks; and (3) two ballot clerks, each class being 
equally divided between the two largest political parties. 
The four inspectors form a "Board of Registry." It is 
their duty to hold from two to four meetings at certain 
intervals previous to the election, and register the quali- 
fied voters of the district who put in an appearance to be 
registered. Any voter who fails to register at one of the 
times set loses his vote at the election. (This does not hold 
true of small villages and towns.) These same four inspect- 
ors are also known as a "Board of Inspectors," and as such 
have charge of making all arrangements for the election in 
the district, and of the order at the polling place. In the 
place where the election is to be held they have to provide 
ballot boxes, to see that enclosed booths are set up where the 



96 THE GOVERNMENT OF NEW YORK. 

voter may prepare his ballot in secret, and to set off by rail- 
ings spaces in which are allowed only the election officers, 
two watchers sent by each party to challenge illegal voters, 
and the voter himself. The election officers group them- 
selves about a table in the area enclosed by railings, and are 
ready to receive the voter. 

Voting. — The voter enters the polling place, joins the line 
of waiting voters, if others are before him, and in his turn 
gives his name. If the inspectors find his name on the regis- 
tration list of voters, the poll clerks enter his name opposite 
a number on the poll list, and the ballot clerks then give 
him a ballot which has the same number on it. This is 
on the outside at the top, so that the portion containing it 
can easily be torn off without affecting the portion on which 
the names of candidates appear. The voter takes his 
ballot into one of the enclosed booths and closes the door. 
On a little shelf -desk, where there is a black pencil provided, 
he proceeds to mark his ballot. If he wishes to vote a 
straight ticket, that is, for all the names in a party column, 
he puts an X in the circle at the head of the column. If he 
wishes to vote a split ticket, that is, for candidates of differ- 
ent parties, he makes a cross before the name of each can- 
didate for whom he votes. If the column in which he has 
put an X in the circle contains the name of a candidate for 
office for whom he does not wish to vote, he may put an X 
opposite the name of a candidate for the same office in 
another party column, or may write the name of a candi- 
date under the office in the blank column. If any mark 
except the cross is used, or if any erasure is made, the 
vote will not be counted. If the voter tears, defaces, or 
wrongly marks the ballot he should return it and obtain 



NOMINATING AND ELECTIONS. 97 

another. When he has properly marked his ballot he 
folds it and passes out of the booth. He gives his ballot 
to the inspector in charge of the ballot box, who tears off 
the portion with the number on it and puts it into one box, 
and the portion with the names and crosses on it into the 
ballot box proper. The object of the number is to show 
who in the district has actually voted and deposited his 
ballot, and also to prevent another man from coming and 
trying to vote under a name not his own. As the portion 
with the vote on it is not numbered, however, no one can tell 
how a man voted. 

The Voting Machine. — In some districts machines are 
used for voting instead of ballots. They have all the 
advantages of the ballot, and at the same time show the 
results of the voting as soon as the polling places are closed. 
It seems probable that they may gradually be put in use 
everywhere. 

Challenging Votes. — It is the business of the "watch- 
ers'' at the polls to try to detect illegal voters. If they 
suspect a man they may challenge him. If he then insists 
on voting, he must, in order to do so, take an oath to the 
effect that he has the qualifications in that district. If 
it is subsequently proven that he has taken a false oath, 
he is liable to imprisonment. Any qualified voter may 
also challenge another voter. 

The Canvass. — As soon as the polls are closed the work 
of counting the votes begins. This is done publicly by 
the election inspectors. The results from each district 
are forwarded to the county clerk. He tabulates the results 
and presents them to the supervisors of the county, who for 



98 THE GOVERNMENT OF NEW YORK/ 

this purpose are known as the Board of County Canvassers. 
This board reviews the results from the county. The 
county clerk makes known the county officers elected. 
The results from each county are filed with the State Board 
of Canvassers, which consists of the Secretary of State and 
four other executive officers of the State. This board 
summarizes the results received from the counties, and the 
Secretary of State sends a certificate of election to the 
candidate who has received the greatest number of votes 
for the office for which he has been running. 1 

Publicity. — All of the proceedings connected with the 
counting of the ballots have to be conducted with the 
utmost publicity. The results are made known, and the 
enterprising newspaper press publishes the results long 
before the official certificates are sent to the successful 
candidates. 

Disputed Elections and Recounts. — When elections are 
close, that is, when the man elected has only a few more 
votes than his nearest competitor, the latter is likely to 
dispute the election on various grounds and to ask an 
order from the Supreme Court calling for a recount. This 
recount is usually demanded with the hope of finding 
that some ballots have been counted for opponents which 
should have been thrown out on account of defects, or that 
others for the defeated candidate, which are not defective, 
have nevertheless been thrown out on the ground of sup- 
posed defects. Sometimes a recount is demanded with the 

a For most offices a majority of the votes cast is not required for election, 
but only a " plurality " — that is, the highest number. A majority means more 
than one-half of the total number of votes cast. 



NOMINATIONS AND ELECTIONS. 99 

hope of finding whether a certain voter who was bribed to 
vote a certain way actually did so. 

The Object of these Complex Regulations. — The object 
of all this complex machinery is to prevent fraud. Men 
will try to bribe other men to vote for them, to get men 
to vote twice (repeaters), to have men vote who have no 
right to vote (colonizers), and to " stuff" the ballot box, 
that is, put in more than one ballot. The whole system 
of voting which we have described is to defeat such unfair 
tactics. 

Existing Frauds. — With all the machinery of elections, 
however, there is still a certain amount of fraud. Many 
of the practices which we have mentioned above still go 
on to a slight extent. Marking the ballot with very small 
dots, or making small slits at certain agreed-upon places 
in the ballot, are devices employed by the corrupt to show 
to those who look over the ballots, on the first count, or 
on a recount, that they have voted as they were paid to 
vote. The only remedy against such fraud is to throw 
out all ballots which show even the slightest mark or tear. 

The New York System. — Fraudulent voting in this State, 
however, has been reduced to a minimum, and this is due 
to the very machinery of voting which we have described. 
The system of voting in this State is undoubtedly among 
the best in use in the country. 

Election Expenses. — The expenses in connection with 
the taking and counting of votes are borne by the public, 
but those in connection with party nominations have to 
be borne by the parties. They rely upon contributions 



ioo THE GOVERNMENT OF NEW YORK. 

from the members of the party, but large sums of money 
are said to be subscribed by big corporations. These are 
usually made with the hope of either getting favorable 
or of preventing unfavorable legislation by the party in 
case its candidates are elected to office. For this purpose 
it is said that some business men and organizations con- 
tribute to the election campaign funds of each of the two 
great parties. 

Legitimate Uses of Campaign Funds. — Enormous sums 
are spent in perfectly legal ways. Many letters, pam- 
phlets, and even books are printed and sent to voters to 
persuade them to vote for the party's candidates. Post- 
age, the rent of rooms for headquarters, and wages of clerks 
to address mail matter call for vast sums. Notices in the 
newspapers and the placarding of billboards take a great 
deal of money. 

Illegitimate Uses of Campaign Funds. — Some money is 
spent in ways which are prohibited by law, because they 
undermine the very basis of our democratic government. 
Anyone who directly or indirectly receives, or pays, or 
promises to pay to another any money, or other valuable 
thing as a compensation or reward for the giving or with- 
holding of a vote at election is liable to fine and imprison- 
ment. This is meant to prevent the illegitimate use of 
campaign funds by the parties and the candidates. The 
latter are further restricted by being required by law to 
render an itemized statement of the money they have spent 
during the election. 

Nominations and Elections in Actual Practice. — In nomi- 
nations and elections the practice differs from the theory 



NOMINATIONS AND ELECTIONS. ioi 

much in the same way we saw that it did in the various 
departments of government. The cause for the difference 
is the same in both instances. It is the failure of certain 
citizens to take the interest they should in the nominations 
and elections. 

The Primary in Practice. — We saw that many voters 
absented themselves from the town meeting because they 
felt that they would be outvoted. Thus the government 
of the town fell to those who were least fit to control it. 
The same thing happens at the primary. The voters do 
not all meet together at some specified time and make 
nominations or choose delegates as is done in our debat- 
ing societies. They straggle in at odd times and place 
in the ballot box the printed ballot which is given them. 
In the large cities the voter at the primary frequently does 
not know by sight or by reputation any of the men for whom 
he votes. Many voters who should attend and use their 
influence for good never go to one. The result is that its 
control falls into the hands of those who make a business of 
politics. The few outside of this group who do show up at 
the primary have given no attention to the matter at all, 
have not even thought of anybody whom they would like to 
have for local officers, for delegates to a convention, or 
members of a committee. They grumble, say everything is 
"cut and dried," and join the number of those who never 
go to a primary, never realizing that it is they themselves 
who are to blame for the condition of affairs. The result 
of all this is that a well-organized minority of the voters 
in the district run a party machine there. As the primaries 
are the foundations of the whole system of party nomina- 
tions and elections, the party itself all over the State, and 



102 THE GOVERNMENT OF NEW YORK. 

even the nation, falls into the control of a vast " machine " 
headed by a " boss." Those who wish to break his control 
must first get control at the primaries by getting out the 
"stay-at-home" voters. 

The "Direct Primaries Law" has been enacted to enable 
those who objected to the "machine" control of the pri- 
maries to get the name of a candidate of their own choosing 
printed on the official primary ballot (see page 90). The 
law has not been in operation long enough to state whether 
it works well or poorly, but in advance it may be safely 
said that it will not work well unless the voters take enough 
interest in politics to have the energy to get up the petitions 
which are necessary in order to get a candidate's name on 
the ballot. 



The Machine. — The machine is a term used to desig- 
nate a body of voters in a party who stick by each other 
"through thick and thin." This policy enables them to 
control the party, even though in numbers they may form 
only a small minority. As their opponents have no organi- 
zation and do not "stick together," they have little chance 
to defeat the machine. Failing in this, they stay at home 
and do not vote at all. Their withdrawal thus throws the 
control of nominations and elections into the hands of the 
machine and the boss. 



The Boss. — The boss is the term used to describe the 
most prominent leader of the party machine in any dis- 
trict. Thus the machine in the primary will have its boss, 
the county machine has its boss, and so on up to the State 
machine and the State boss. 



NOMINATIONS AND ELECTIONS. 103 

The term boss has come to have a bad meaning, that is, 
that the leader thus described is politically corrupt. Such, 
however, is not always the case. There are many leaders 
called bosses who are honest men. The truth of the matter 
is that democratic government cannot be run without 
parties, and parties cannot be run without leaders. 

The Good in Our Party System. — The organization of 
parties enables us to run the government successfully. 
Men from the parties are grouped together to carry out 
certain policies which they believe to be for the best in- 
terests of the country and the people. If they can suc- 
ceed in getting a majority of the voters to believe with 
them, the control of the government will be put into the 
hands of officials elected by them. If not, it will go into 
the control of another party. Without parties our gov- 
ernment would be but a poor affair, following no settled 
policy, doing one thing one day and another the next, 
without having any principle or plans of action. 

Evils of the Party System. — The objection to our par- 
ties of to-day is that they are largely run by dictation 
from a party boss, and that they have the expenditure of 
vast sums of money. The members of a party, above all 
things, wish to be regular. They do not wish to "bolt" 
their party. This is why they follow the commands of a 
boss when they inwardly feel that he is wrong, and that 
what he dictates is not for their own best good or for the 
good of the general public. The boss who has this control 
over the members of the party is thus able to control the 
government officials elected by the party. These officials 
must do his bidding and pass laws at his dictation, or run 
the risk of being defeated at the next nominations for office. 



104 THE GOVERNMENT OF NEW YORK. 

This means the loss of a whole future career for them, and 
they usually end by doing as the boss dictates. 

Money Power. — The orders of the corrupt boss are usually 
in the interest of individuals or corporations who have 
aided the party by contributions for the election expenses. 
These contributions being made with a view to having 
favorable laws put through, or adverse legislation defeated, 
in case the party is victorious in the election, the boss has 
to see that the wishes of these individuals or corporations 
are attended to by the officials whom his party has elected. 
Individuals or corporations desiring such measures usually 
approach the party boss, and, by direct or indirect pressure, 
by means of money or otherwise, get his support. The 
measures are then " jammed " through by the officials. 
Whether they are for the best interests of the public or not 
is a question little considered. 

Party Reform. — To reform such evils it is not necessary 
to do away with political parties or political leaders. In 
fact, as we have seen, it would be impossible to do with- 
out them in a democratic government. What we must do 
is to get better leaders. To get them all of our voters must 
go to the primaries, for that is where all reforms which are 
to be lasting must start. Even if, for the time being, the 
best men of the party are voted down at the primaries, it 
cannot be for long. If the voters in a party are bad, and 
the leaders are bad, the government, if they win in the elec- 
tions, will be bad, that is, against the interests of the gen- 
eral public. No party which runs the government in that 
way will stay long in power. The best elements will at last 
desert it, and it will lose the election, the winning of which 



NOMINATIONS AND ELECTIONS. 105 

is the main object of party organization. To get back into 
power the party will have to improve. Little good can be 
done by rinding fault and doing nothing. He who really 
wishes good government will start at the primaries to reform 
the parties from within. Good parties nominate good men 
for office, and with good nominations comes a chance for 
good government. 

Elimination of the Money Power. — With good members 
and good leaders, corrupt men and corporations would 
have little chance of getting bad laws put through or good 
ones defeated. To settle the question, however, it would be 
well to have a law passed compelling political parties to 
publish an itemized statement of receipts and expenditures 
during election campaigns. The public would then know 
from whom money was received and how it was spent. 

The Use of Independent Nominations. — When all else 
fails and the party organizations seem determined to thwart 
the will of the people, there is always the independent nomi- 
nation to fall back upon. By this means, if the people are 
sufficiently roused, the right man can be put into office 
in spite of the machine. 

Attendance at Elections. — The duty of the good citizen 
does not end with the primary. He must not allow any- 
thing to interfere with his going to the polls and casting 
his vote on election day. To get a good man nominated 
for office is well enough, but to elect him is better. 

Education of the Voter. — Education, unfortunately, does 
not make party men honest. Some of our most dishonest 
political leaders have been graduates of colleges. Educa- 



106 THE GOVERNMENT OF NEW YORK. 

tion, however, probably makes the average man more 
straightforward than he would have been without it. For 
the cause of good government the education of the voter 
accomplishes a still greater good than even that. A man 
who is educated is able to see clearly whether what is pro- 
posed by political leaders or officials is going to be to his 
good or his harm. He is enabled to "know what is what," 
as the saying goes, and will not permit himself to be led 
along blindly by the false arguments of some unscrupulous 
party leader. 

Initiative, Referendum, and Recall. — So unsatisfactory 
have some legislators, officials, and judges at times proved 
to be that recently there has been much agitation to put 
into operation methods which are termed the initiative, 
referendum, and recall. The initiative is applied to that 
system by which a certain number of voters can get up a 
measure upon which the legislature must take action. The 
referendum is the name given to the method by which speci- 
fied laws passed by the legislature or proposed by the system 
of the initiative must be referred to the voters for their 
action. By the recall is understood the power which the 
voters through the means of the petition of a certain number 
of them may start the machinery by which a certain elected 
official may be put out of office and a new election held. 

These measures have been advocated and opposed by 
very good men. It has been said on the one side that their 
adoption will make legislators, executive officers, and judges 
much more careful as to the manner in which they act while 
in office, and on the other side that efficient men will not con- 
sent to run for office if they are to be turned out on any whim 
of the populace. It is further maintained that the voters 



NOMINATIONS AND ELECTIONS. 107 

will be even more careless than they are now about the 
sort of men whom they place in office, for they will always 
comfort themselves with the feeling that they can pass or 
reject laws which they wish or do not like and can get rid 
of an official who proves to be worthless. By some these 
methods have been called the lazy voter's protection against 
his own neglect to attend to his business as a voter. 

SUGGESTIVE QUESTIONS. 

1. Obtain sample copies of official ballots, and learn how straight 

and split tickets are voted. 

2. Make a diagram of the voting booth, and go through the details of 

the voting process. 

3. Give all the reasons you can think of why the law insures secrecy 

of the ballot. 

4. Attend a caucus, or primary, and a convention, and write a descrip- 

tion of them. 

5. Get newspaper accounts of the various conventions which are 

mentioned in this chapter. 



CHAPTER XL 

LOCAL TAXATION 

Necessity for Taxation. — We must have a government, 
and a government costs money. The salaries of officials 
and the erection of public buildings, the laying out and 
caring for roads and streets, the supplying of water and 
a thousand and one things demand the expenditure of a 
great deal of money. For all of these the citizen must 
pay, directly or indirectly. He could, if it were conven- 
ient, carry his own water, pave his own street, and do 
many other things which are now done for him. He 
would have to give up his own business to do them, and 
thereby lose the money he was making in it, and even 
then he would not be able to do all that is now done for 
him. In other words, he finds it easier and cheaper to 
pursue his own business or profession, and to employ the 
government to do the other things. The payments he 
makes to the government are known as taxes. 

Who Pays Taxes. — Some people have an idea that only 
those who make money payments to the tax collectors pay 
taxes. This is a most unfortunate idea, because it leads 
some to think that they are getting something for noth- 
ing, and makes them indifferent to the lavish expenditures 
by the government because they think they are not pay- 
ing for it. We never get anything for nothing. All 
of us pay taxes whether we pay them directly to the 

108 



LOCAL TAXATION. 109 

tax collector or otherwise. Each one of us pays a cer- 
tain amount for the education we get, for the paving of 
the roads, for the building of bridges, etc. We may not 
do this directly, but we do it. If we own a house, or a 
lot, or a store, or a manufacturing establishment, we do 
it directly by paying money to the tax collector. If we 
do not own anything, but simply work for wages and 
pay for our board and room, or our house rent, we pay 
taxes indirectly. When the landlord calculates how much 
he is going to charge for rent, he takes into considera- 
tion how much his taxes are, and we pay our share of 
taxes in the rent we pay. In the price of everything we 
buy there is a certain portion which goes for taxes. If 
the landlord and the storekeeper had to pay no taxes, 
rent and prices of goods would be reduced. If taxes are 
increased, rents and prices will go up. 1 Even educational 
and religious institutions, which are exempted from pay- 
ing direct taxes, have to pay them indirectly in the ways 
we have mentioned. So all of us, unless we are actually 
supported by the State in some charitable institution, or 
are dependent upon others for our support, pay taxes. 

Property Tax. — The property tax is the direct tax 
which is levied in our State on what is known as " realty," 
that is, land, houses, barns, and the like, and on " per- 
sonalty," that is, on movable property — such as money, 
jewelry, furniture, pictures*, horses, carriages, and the 
like. On these the owner pays a direct tax to the tax 
collector. A tax is levied on property in proportion to 
its value, because it is thought that each owner of prop- 

1 There are many other items which determine rents and prices, and these 
statements are true only when we omit such items from consideration. 



no THE GOVERNMENT OF NEW YORK. 

erty receives protection and service from the government 
in such proportion. 

Exemptions from Taxation. — There are, however, many 
different kinds of property which the government ex- 
empts from taxation. A few of such kinds are the real 
and personal property of educational, religious, charitable, 
and scientific organizations, deposits in savings banks, 
United States bonds, and certain State and city bonds. 

Assessment of Property — The question, then, is to deter- 
mine what the value of property is. Certain officials every- 
year place a value on the realty and personalty in their 
districts. This is called an " assessment," the paper or 
book on which it is made is called an " assessment roll," 
and the officials are called " assessors." 

The Tax Districts. — The districts over which the asses- 
sors work are known as " tax districts." These are polit- 
ical subdivisions of the State having a board of assessors 
authorized by law to assess the property therein for State 
and county taxes. These districts, then, are the towns 
and cities of the State. 

Contents of the Assessment Roll. — The assessment roll 
contains the names of all taxable persons and corporations 
in the district, and a list of the real and personal prop- 
erty owned by each, with its value. After the roll is 
completed and published, the persons whose property is 
valued are given an opportunity to appear and make com- 
plaints about errors in the assessment, and to ask for cor- 
rections. The corrected roll is then sent to the Coimty 
Board of Equalization. 



LOCAL TAXATION. in 

County Board of Equalization.— There is a tendency on 
the part of the assessors in tax districts to " undervalue " 
the property in the district, so as to make taxation light 
for their districts. In view of this fact, all of the assess- 
ment rolls of the tax districts of the county are put into 
the hands of the Board of Supervisors of the county, 
whose business it is to " equalize " the assessments, so 
that the taxes will not bear unjustly on any district. 
In New York City the boroughs are used for purposes 
of assessment and the city department of taxes and assess- 
ments " equalizes " the returns. This does not mean that 
the valuations from every district are to be made equal 
in amount, but simply that, if the real and personal prop- 
erty in one district are more valuable than in another, 
such a fact shall be shown on the assessment roll. Then 
when the taxes are levied the wealthy district will have 
to pay a larger sum total of taxes than the poorer dis- 
trict, but the rate of taxation will be the same. If such 
equalization did not take place, it would be found at 
times that poor districts would be put down as having 
the same or even greater valuation in taxable property 
than the wealthy districts. 

State Board of Equalization. — The assessment rolls of 
the counties are then sent to the State Board of Equaliza- 
tion, whose business it is to equalize them for the whole 
State in the same way that the county boards did for the 
counties. The State Board of Equalization consists of 
the three Tax Commissioners, who have general super- 
vision over taxation in the State, and the seven executive 
officials who form the Land Office Commission. 

Computing the Taxes. — On the basis of the valuations 



H2 THE GOVERNMENT OF NEW YORK. 

of property as set forth in the assessment rolls coming 
from the State Board of Equalization, several distinct 
taxes are levied. First there is the State tax, then the 
county tax, then the town or city tax, and each village 
also has its tax. 

State Tax. — The State Comptroller makes an estimate 
of how large a sum the State needs from the property 
tax, and then divides this sum among the counties in pro- 
portion to the value of the property which each county is 
shown to have by the assessment roll. The amount which 
each county is to contribute to the State tax is made 
known to the county clerk and board of supervisors of 
the county. 

County Tax. — The Board of Supervisors of the county 
calculates the amount of money they will need from the 
property tax to pay the expenses of the county. To this 
amount they add the amount which the State Comptroller 
has informed them they must raise for the State. The 
board then divides the sum among the tax districts of the 
county in proportion to the assessed value of property in 
them. 

Town Tax. — As we saw above, the ordinary tax dis- 
trict is the town. There is a certain amount of taxes 
which each town has to raise each year for its own ex- 
penses. To this amount is added the amount which the 
Board of Supervisors has informed each town that it must 
raise. The sum is then divided among the property own- 
ers of the town in proportion to the amount of property 
which each has. So the sum which each property holder 



LOCAL TAXATION. 113 

pays is really made up of three portions : ( 1 ) For town 
expenses; (2) for county expenses; (3) for State ex- 
penses. 

City Tax. — Earlier we saw that when a city govern- 
ment was formed over a certain area the town organiza- 
tion in that area was given up entirely. For that reason 
the city is made into a tax district for the area which it 
covers. Like the town it has to estimate the amount of 
its running expenses, and to find out what amount is to be 
paid for by the property tax. To this amount is added 
the amount required as its portion of the county and State 
tax. The sum is then divided among the property owners 
in proportion to the value of their property. 

Village Tax. — The man who lives in a village is a citi- 
zen of the village, of the town, and of the county in which 
the village is located, and also of the State. Thus he has 
really four taxes to pay. Those for the State, county, and 
town are collected by the method which we have studied 
above. In addition to these there is a village tax for vil- 
lage expenses. This is usually, but not necessarily, col- 
lected at a different time from that at which the other 
three are collected. 

Collection of Taxes.— With the final calculation of what 
each individual is to pay we have the " tax roll " com- 
plete. This contains a list of property owners, the de- 
scription and valuation of their property, and the tax 
to be collected from each. This is placed in the hands of 
the collector of taxes for the tax district. He gives public 
notification of that fact, and gives an opportunity for all 
those assessed to come and pay their taxes. If, at the end 



H4 THE GOVERNMENT OF NEW YORK. 

of a month, these are not paid, the collector or his agent 
calls upon the property owner for the amount of taxes due. 
If they are then not paid, proceedings are begun by which 
the property of such a person may be "sold for taxes." 
The process by which this may be done is too complicated 
for explanation here. All that the authorities are inter- 
ested in is to get the amount of the taxes. This they 
aim to do by giving the delinquent property owner as little 
trouble as possible. 

Division of the Proceeds of Taxation. — When the taxes 
are finally collected, they are distributed among the several 
officials who are specified by law or the Constitution to 
receive them. The State, county, town, city, and village 
treasuries receive their shares and pay them out on requisi- 
tion for the expenses of their respective districts. 

Other Taxes. — Besides the property tax there are other 
sources from which the government . gets revenue. The 
most important of these are the excise, the inheritance, the 
corporation, the stock transfer, and mortgage taxes. The 
excise tax is that which a dealer in liquors has to pay for 
the privilege. One-third of this goes to support the State, 
and the other two-thirds goes to the town or city in which 
the liquor store is located. The inheritance tax is that 
which must be paid upon property left by a deceased person, 
provided the property is above a certain amount in value. 
The corporation tax is that which is paid by corporations: 
(i) When they are organized; (2) when corporations organ- 
ized in other States wish to do business in this; (3) when 
certain corporations, such as insurance companies, railroad 
companies, and others have to pay a certain amount on 
their annual incomes. The stock transfer tax is that paid 



LOCAL TAXATION. 115 

on the sale of shares of stock on stock exchanges. The 
mortgage tax is that paid when a mortgage on property is 
made. In addition to all these there is another tax, recently 
declared constitutional, called the " franchise tax," which 
goes to the political division of the State that grants the 
franchise. A franchise may be defined as a certain privilege 
granted by the State, or a political division of the State, to 
a corporation or individual to carry on business of a certain 
kind. Such privileges are those granted to gas companies 
to use the streets for their pipes, to street railway companies 
to use the streets for laying down their tracks, and other like 
privileges. These privileges, being almost exclusive, come 
to have great value, and the government has imposed a tax 
on them. 

Cost of Collecting Taxes. — The most inexpensive taxes 
to collect are the last two mentioned. The cost of collecting 
them is only a very small percentage of the amount received. 
The property tax and the excise tax are more expensive 
to collect. It requires more officials to get them because the 
process is more complicated. However, we collect our 
property tax more cheaply than most European countries 
do. Our system of assessment and collection is practically 
carried out by one set of officials, and the expenses are there- 
by reduced to the smallest possible figure. 

Faults of Our System. — The faults of our system may 
be stated under four headings: (1) Undervaluation; (2) 
concealment of personalty; (3) tax dodging; (4) differences 
in tax rate. 

Undervaluation. — Of undervaluation by assessors we 
have already spoken. It is an evil that the boards of 



n6 THE GOVERNMENT OF NEW YORK. 

equalization try to do away with. They succeed to a 
certain extent, but there is always a certain amount of 
undervaluation going on which makes taxes for others 
heavier than they should be. 

Concealment of Personalty. — Realty cannot be con- 
cealed, but money, bonds, jewelry, and most property 
which we know as personalty can be so easily concealed 
that it may be safely stated that there are but few peo- 
ple who make known to the assessors all of their per- 
sonalty. The absolutely honest people who declare their 
property are at a disadvantage compared with the dis- 
honest. Many authorities think this tax on personalty 
encourages dishonesty and favor its repeal. There is 
a penalty for making false declaration of the amount of 
personal property, but the offense is so difficult to prove 
that practically no one is ever tried and punished for it. 

Tax Dodging. — Tax dodging has many meanings. It 
may mean simply concealment of personalty, but it is 
more frequently applied to the system used by certain 
people who, though really living in one place where the 
taxes happen to be high, make their legal residence in a 
place where they are low. This enables them to pay a 
low assessment on their personalty. Tax dodging of this 
sort is most common in New York City. A recently 
proposed law has made personalty taxable where it is 
located, and not where the owner resides. It is hoped 
that this will stop tax dodging to a certain extent. 

Difference in Tax Rates. — Tax rate is the term applied 
to the percentage which a property owner has to pay in 



LOCAL TAXATION. 



117 



taxes. Thus if the tax rate is 0.014, the property owner 
will have to pay at the rate of $1.40 on a hundred dollars 
worth of property, or $14 on a thousand dollars worth. 
In the city, where the property owner has much more 
done for him by the government than in the town, taxes 
are usually much higher. The State tax is, of course, the 
same over the whole State, the county tax is the same 
over the whole county, but the rates for different counties 
differ. What is true of the counties is true of the towns, 
cities, and villages. Thus in different parts of the State 
the tax rates vary. It may be at the rate of $24 on a 
thousand in a city and only $14 on a thousand in a town. 
This leads some localities to feel that they are being un- 
fairly treated, but further consideration will show that 
the difference is due not so much to what the State and 
county impose as to what the town or city or village 
imposes in the way of taxes. 

Should Everybody Pay a Direct Tax? — We have al- 
ready seen that we all pay taxes directly or indirectly. 
Governments under tyrants always favored indirect taxes 
because the people did not realize that they were paying 
them, and were kept contented. In democracies there is 
no occasion for keeping indirect taxes for such a reason. 
When every man shares in the government, he should 
understand it in all its workings. He should know from 
the very start that the needs which the government sup- 
plies cost money. Anything which tends to obscure that 
fact should be done away with as much as possible. 
Some think that the only way to make everybody realize 
that he pays to support the government is by means of 
direct taxes. Those who have to pay money directly to 



n8 THE GOVERNMENT OF NEW YORK. 

the government are far more likely to be thoroughly in- 
terested in seeing it economically and well run. 

SUGGESTIVE QUESTIONS. 

1. What reasons can you give for exempting from taxation the 

various kinds of property mentioned in this chapter ? 

2. Get facts concerning the prevailing practice of valuing prop- 

erty in your own and neighboring localities. 

3. If a man's property is valued at $1,000, when it should be 

$2,000, does he pay his fair share of the county tax ? Can 
the county board correct the matter? 

4. Do the equalized valuations fixed by your county board seem 

reasonable ? 

5. What was the amount of State tax paid by your county last 

year ? The amount of county tax ? Make a calculation 
showing how the amount of State and county tax due from 
your local government was determined. 

6. Your local treasurer will give the necessary data from which 

you may calculate the rate of taxation. Calculate the taxes 
upon property that is worth $6,000. 

7. State reasons why the tax rate varies in different towns; in 

adjoining counties. 

8. From what sources does money come into your local treasury ? 

9. For what purposes was money expended in each case ? These 

facts may be found in the last reports of the local and 
county treasurers. 

10. Find out the difference between " direct " and " indirect " 

taxes. Does New York State impose any indirect taxes ? 
Does the Federal Government ? Give some examples of in- 
direct taxes. Who pays them? 



CHAPTER XII. 

STATE FINANCE 

Definition of State Finance. — In general, State finance 
may be said to refer to the receipt and expenditure of 
money for State purposes. In a way this also includes 
the raising of taxes, but as the method of raising State 
taxes also involves the raising of county, town, city, and 
village taxes, we treated them all in a separate chapter 
on taxation. 

Income of the State. — The State property tax forms a 
very small portion of the income of the State, but there 
are other sources of income, such as the excise, inheritance, 
corporation, stock transfer, and mortgage taxes. In addi- 
tion to all these, the State has the income from funds which 
were invested many years ago to yield interest to be devoted 
to certain purposes. Some of these funds are known as the 
Common School Fund and Literature Fund. The total 
income of the State amounts to over fifty millions a year. 
Of this a little over a million is derived from funds and mis- 
cellaneous sources, and the rest comes from taxes. In taxes 
the State gets about nine millions from the excise, seven 
millions from the inheritance, nine millions from corpora- 
tions, six millions from stock transfers, two millions from 
mortgages, and the rest from miscellaneous fees, fines, etc. 

IJ 9 



120 THE GOVERNMENT OF NEW YORK. 

The State Treasurer. — The State Treasurer is the cus- 
todian of the income of the State. He keeps account of 
all moneys paid into the State treasury, or paid out of it. 
For the purposes of bookkeeping, the moneys in the treas- 
ury are divided into funds. There is the general fund 
which is to be used for general expenses, the school fund 
to be used for the schools, the canal fund for the canals, 
and many others. When any money is received or paid 
out it is put down as being received by, or paid from, 
some particular fund. Of all his transactions he keeps 
an accurate account and presents an annual report to the 
Legislature. 

The State Comptroller — The Treasurer cannot pay out 
any money from the treasury without an order or war- 
rant. This order comes from the State Comptroller. 
He, in his turn, cannot order money paid out unless the 
Legislature has appropriated it for the purpose for which 
it is to be paid. The Comptroller, like the Treasurer, has, 
therefore, to keep very careful accounts. It is his busi- 
ness to audit the accounts of all departments of State Gov- 
ernment, to invest State moneys, and to take charge of 
the securities representing the investments. 

The Budget.— In addition to the above duties of the 
Comptroller, it is his business to make every year an esti- 
mate of the expenses of the State Government. This 
he does by reference to the expenses of past years. In 
connection with this itemized statement of expenses, he 
sets down the estimated amounts of revenue which it 
is probable are to be derived from various sources in 
the coming year. The document so prepared is popu- 



STATE FINANCE. 121 

larly known as the " budget." It is presented to the 
Legislature for action. That body may increase or 
diminish the amount of any item called for in the 
expense estimate, or may insert new items, and what- 
ever amount it passes is known as the appropriation 
for the account for which it is specified. If the amounts 
to be derived from the sources of revenue are not 
sufficient, the Legislature must devise new methods of 
taxation, or the amount must be derived from a general 
property tax. This is something the Legislature does 
not like to do, because it creates much objection from 
the property owners. 



Expenditures. — The various departments of the State 
government need large* appropriations of money. The 
salaries of the legislators and their clerks, the printing 
of the legislative proceedings, and miscellaneous charges 
involve an expenditure of over one million for the 
legislative department. The salaries of the Governor and 
of various other executive officials and commissions in- 
volve an expenditure of over four millions. The sal- 
aries of judges, court clerks, and others in connection 
with the Court of Appeals, the Supreme Court, and 
the Board of Claims make the department of justice 
cost about one million. Over seven millions are ex- 
pended for public education, eight millions for charities 
and correction, six and a half millions for the depart- 
ments of health, agriculture, labor, and insurance, the 
militia, the forest and game commission, and a long list 
of others. In addition, there is about a million spent 
for miscellaneous items, All of these expenditures are 



I2 2 THE GOVERNMENT OF NEW YORK. 

for the benefit, directly or indirectly, of all the citizens, 
and are properly borne by them. 

Debts. — It is a good rule which says that no individual, 
corporation, or State should spend more than it receives. 
In the history of all of them, however, there are times 
when this rule must be broken. Certain extraordinary 
occasions arise, such as the outbreak of a war, or the 
construction of some great public work like the Erie 
Canal, which make it necessary to incur expenses for 
which the ordinary funds are not sufficient. Great sums 
of money have to be borrowed. This starts the State 
debt. Bonds are issued for the money borrowed, and 
interest must be paid on them until they are redeemed. 
Not only the citizens who are living at the time that the 
debt is contracted have to bear the burden of the debt, 
but also future generations of citizens. This is no more 
than fair, however, for those future, generations are fre- 
quently far more benefited by the results of a war, or the 
building of some great work than are those who live at 
the time that the debt is contracted. 

Restrictions on the Legislature. — The decision as to 
whether a debt should be incurred used to be left to the 
Legislature, but this was found to be unsafe. Legisla- 
tures have usually shown themselves to be rather extrava- 
gant bodies. We saw that the State Constitution had 
been so changed as to make it necessary for three-fifths 
of all the members elected to each house to be present 
when an appropriation bill was passed, and that to pass 
an appropriation for private or local purposes it is neces- 
sary to have a two-thirds majority of all members elected 



STATE FINANCE. 123 

to each house. It has also been found necessary to place 
in the Constitution certain further restrictions on the 
power of the Legislature over the people's money. It 
may, of course, not lend the public money to any indi- 
vidual or corporation. It may not contract debts to meet 
current expenses to an amount exceeding one million 
dollars, except in time of invasion, insurrection, or war. 
The money arising from loans creating such a debt shall 
be applied only to the purpose for which it was raised, 
or to repay the debt. Except the debts specified above, 
the Legislature may contract no other extraordinary debt 
unless authorized by law for a specified object, and not 
until the law so passed is submitted to the people and 
approved by them. 

Sinking Fund. — The State Constitution also declares 
that a law which provides for the contraction of an ex- 
traordinary debt shall also make provision for the pay- 
ment of it. The debt cannot be contracted for a longer 
period than eighteen years, and the law must provide for 
a direct annual tax to pay the interest and also the prin- 
cipal when it falls due. This is known as a "sinking fund," 
because every year a certain amount is laid aside, and 
at the end of the period when the debt is due all of the 
yearly amounts added together just make up the amount 
of the debt. By the State Constitution these sinking 
funds must be kept separate from other funds under the 
control of the State. 

Present State Debt.— The present debt of the State is 
about fifty- three millions. About one-fifth of this has been 
expended for highway improvement and the balance for 



124 THE GOVERNMENT OF NEW YORK. 

the Erie Canal. The people have authorized the contraction 
of a debt of one hundred and one millions for making over 
the Erie Canal into a " Thousand-Ton Barge Canal," and 
have recently approved an additional issue of $19,800,000 
in bonds for canal terminal facilities. 

History of State Finance. — The financial history of 
New York State has not always been marked by prudence 
either in the making of appropriations or in the contrac- 
tion of debts. The Legislature frequently, and even the 
people at times, have shown themselves careless in these 
matters. Preceding the Civil War the expenditures were 
very heavy, and during the war they increased enor- 
mously. After the war a period of great political corrup- 
tion in the State kept expenditures on the increase when 
they should have been decreasing. In recent years the 
expenditures have been kept down considerably, though 
there is an ever-growing tendency to spend more and more 
money. 

Good Qualities of Our State Finance. — New York State, 
however, probably stands higher than other States in the 
Union in the management of its finances. If at times it 
has managed badly, the others have done worse. It was 
from New York State that the National government bor- 
rowed the banking system now the foundation of our 
National banks. Our system of State banks has been 
the model for other States to follow. 

Faults of Our Financial System. — Provisions in the 
State Constitution have gone far toward making it im- 
possible for the Legislature to do harm, but there are 
still some faults. In New York City we saw that the 



STATE FINANCE. I25 

Board of Aldermen could not add, or increase, items in 
appropriations asked for by the Board of Estimate and 
Apportionment. No such prohibition exists in the State 
Constitution against the Legislature. As a result that 
body sometimes votes to incur expenditures for which 
there is only doubtful need. 

Should State Expenditures be High? — When we con- 
sider that it is our local governments, such as the county, 
town, city, and village, which do most for our immediate 
comfort, there seems to be little reason for the expenditure 
of enormous sums by the State. It has its functions, but 
there is a growing feeling that the local units should 
attend to local needs, and that one locality should not 
be called upon, through the State government, for taxes 
to bear the burdens of some less enterprising community. 

Extravagance — There is little doubt but that extrava- 
gance is the rule. When expenditures exceed the rev- 
enues, few are those legislators or officials who stand up 
for a reduction of expenses. Almost all of them seek for 
new methods of raising revenue, thus increasing, directly 
or indirectly, the taxes which every citizen must pay. 

Causes. — The responsibility for this extravagance rests 
largely on the shoulders of the voters. It is in their power 
to stop it at any time. As we saw above, many of them 
do not realize that everybody in the State is affected by 
taxation and that any increase in it due to extravagance 
falls on all. Other groups of citizens are making con- 
stant demands on the State government. If any need 
arises their first cry is to get the State to attend to it. 



i 2 6 THE GOVERNMENT OF NEW YORK. 

Remedies. — The remedy here, as in the case of all our 
other faults, is the education of all to be intelligent voters. 
When that is accomplished, eternal vigilance on their 
part is necessary to see that their legislators and officials 
are good men and do their duty. 



SUGGESTIVE QUESTIONS. 

Find in the latest Legislative Manual the report of the State 

finances and compare the items with those given in this 

chapter. 
What was the amount of the State tax levied in your county 

last year ? Can you find out the amount paid by your local 

government ? 
What justification can you find for an inheritance tax ? 




CHAPTER XIII. 

EDUCATION. 

History of Education in New York State. — As com- 
pared with some of the other States of the Union, New 
York has at times lagged behind in matters of education. 
The early Dutch settlers encouraged it, but when the 
English came into control it was allowed to languish. In 
1754, however, King's College, now Columbia Univer- 
sity, was established in New York City. In 1784 the 
State Legislature established a corporation, known as the 
Regents of the University of the State of New York, to 
exercise a supervisory control over colleges and secondary 
schools in the State, but it was given nothing to do in con- 
nection with the lower schools. The Regents did such 
important work for education in the State that in the last 
State Constitution a provision was made for their continu- 
ance under the name of the University of the State of 
New York, with not less than nine Regents. Nothing 
was done for the lower or common schools by the State 
until 1795. In that year and subsequently appropria- 
tions were made by the Legislature to assist the counties 
in the maintenance of schools. The State gradually took 
more and more interest in lower schools until in 1S44 a 
Normal School was established at Albany for the train- 
ing of teachers, and in 1854 the office of State Superin- 
tendent of Public Instruction was established, and he was 

127 



128 



'HE GOVERNMENT OF NEW YORK. 



given general charge over the common schools of the 
State. It was not until 1867, however, that the schools 
were made free, and now by a clause in the State Consti- 
tution it is made the duty of the Legislature to provide 
for free common schools in which all children of the State 
may be educated. 

Recent Legislation. — There were thus really two edu- 
cational departments in the State, each one independent 
of the other : ( 1 ) One under the control of the Board of 
Regents, having supervision over colleges, academies, 
high schools, and other educational institutions above the 
rank of the common schools; (2) the other under the 
control of the State Superintendent of Public Instruc- 
tion, having supervision over the common schools and 
the training schools for teachers. There was one line of 
connection between the departments — the State Superin- 
tendent of Public Instruction was a member of the Board 
of Regents. Endless conflict between the two depart- 
ments finally led the State Legislature in 1904 to pass 
a law considerably modifying the duties of supervision 
of the two departments, but scarcely changing the details 
of the educational system. The offices of State Super- 
intendent of Public Instruction and of Secretary of the 
Board of Regents were abolished and their powers and 
duties given to a new officer — the State Commissioner 
of Education. 

State Department of Education. — The State Depart- 
ment of Education comprises at present, then, three chief 
features: the University of the State of New York, the 
Board of Regents, and the State Commissioner of Edu- 
cation. 



EDUCATION. I2 g 

University of the State of New York.— The University 
of the State of New York is not a university in the 
ordinary sense of that word. It has no buildings of its 
own, no apparatus, no teachers. It is a corporation, con- 
sisting of a federation of a large number of the higher 
educational institutions in the State. Over these the 
" University " exercises a supervisory control. In exer- 
cising this control the University is represented by a 
Board of Regents. 

Board of Regents. — As now organized the Board of 
Regents consists of twelve members, chosen for terms of 
twelve years by the Legislature. One member goes out 
each year, and either he himself or a new man is elected 
by the Legislature to fill the vacant place. As far as pos- 
sible, members are chosen to give representation on the 
Board to each judicial district in the State. The execu- 
tive and financial officer of the Board is the State Com- 
missioner of Education. 

State Commissioner of Education. — The State Commis- 
sioner of Education is chosen by the Board of Regents 
and holds office at their pleasure. As in his office are 
combined the powers and duties of the Superintendent of 
Public Instruction and of the Secretary of the Board of 
Regents, he practically has control of all educational mat- 
ters in the State. For purposes of management and 
supervision he has the power to create such departments 
as he thinks necessary, and to appoint deputies and heads 
of such departments, subject to the approval of the Board 
of Regents. 

Assistant Commissioners and Other Officers. — Under 



i 3 o THE GOVERNMENT OF NEW YORK. 

these provisions three assistant commissioners have been 
appointed : ( i ) One to take charge of the department of 
colleges, professional and technical schools; (2) another 
to take charge of the department of high schools; (3) 
and a third to take charge of the department of elementary 
or common schools. There is a director of the State 
Museum and of the science work, another in charge of 
libraries and home education, and several other officers 
in charge of special divisions of educational work. 

Powers and Duties of the Board of Regents.— The Board 
has power to grant charters of incorporation to colleges, 
universities, academies, professional and technical schools, 
libraries (other than public school libraries), and mu- 
seums ; to exercise supervision over such educational insti- 
tutions as form a part of the University of the State of 
New York; to inspect them, and to distribute to them 
funds granted by the State for their use; to establish 
examinations as to attainments in learning, and confer 
on successful candidates suitable certificates, diplomas, 
and degrees. 

Powers and Duties of the State Commissioner. — Besides 
acting as the executive and financial officer of the Board 
of Regents in carrying out its special powers and duties, 
the State Commissioner of Education exercises special 
powers in connection with the common and secondary 
schools. He directs the course of study, prepares exam- 
inations for teachers, settles disputes about the interpreta- 
tion of laws affecting the schools, and sees to the enforce- 
ment of the compulsory education law. He must make 
an annual report of the State Department of Education 
to the Legislature. 



EDUCATION. I3I 

Common School Districts. — For the purposes of school 
administration the State is divided into districts, known 
as school districts. In each of these there is maintained 
a free common school. 

School Meetings — In each district there is held every 
year a meeting of the voters in the district. Only those 
adult citizens, men or women, who own or rent lands in the 
district subject to taxation, or pay taxes on personal 
property of the value of fifty dollars or above, or control 
children who have attended the district school for eight 
weeks previous to the meeting, have the right to vote. 
At these meetings the voters generally elect three trustees, 
a clerk, a collector, and a treasurer. The voters also have 
the power to fix the site of the schoolhouse, and to vote 
a tax on the property of the district for the building and 
maintenance of the school. In addition to this money, 
there is money given to each district by the State. 

School Trustees — The School Trustees must be quali- 
fied voters of the school district, and must be able to read 
and write. When there are three in a district they hold 
office for three years, one retiring and a new one being 
elected each year. They are the executive officers of the 
district. They call special meetings of the voters ; attend 
to the purchase of lands for schools; make out tax lists 
for those in the district who have to pay taxes for school 
purposes; employ teachers; make rules for the govern- 
ment and discipline of the school; prescribe the course 
of study; make requisitions on the town supervisor for 
money due from the State, and on the collector for money 
due from the district. They are subject to the rules and 



132 THE GOVERNMENT OF NEW YORK. 

regulations laid down by the State Commissioner of 
Education. 

District Superintendent and His District.— By a recent law 
the whole State has been divided into supervisory districts, 
one to eight in a county. Cities, and villages having over 
five thousand inhabitants, are not included in these districts, 
as they have boards of education of their own to look out 
for the interests of the schools. Over each supervisory 
district is placed a District Superintendent. This officer is 
chosen by the School Directors, who are in their turn 
chosen (two from each town in the supervisory district) by 
the people of the towns. The State pays the District 
Superintendent a salary of $1,200 per year and $300 for 
travelling expenses, but this may be increased by the 
supervisors of the towns of the district. The term of office 
is for five years, but the incumbent may be removed by the 
State Commissioner of Education. 

To be eligible for the position of District Superintendent 
a man or woman must be a citizen of the United States, 
twenty-one years of age, must hold a certificate to teach in 
the public schools of the State, and must pass a special 
examination in the supervision and teaching of agriculture. 

The District Superintendent has supervision of all the com- 
mon schools in the district, has power to change the boun- 
daries of school districts and make new ones, may condemn 
school-houses and order new ones built, and, under the direc- 
tion of the State Commissioner of Education, may examine and 
license teachers. Appeals from the decisions of the District 
Superintendent may be carried to the State Commissioner. 

Union School Districts. — Besides the school district, 
and the District Superintendent's district, there is another 
district made possible by statute. This is known as the 



EDUCATION. 133 

Union School District. One or two or more adjoining 
school districts may form a union district and establish 
a union school. In such a case the ordinary officers of 
the school district cease to exist, and their place is taken 
by a board of education, consisting of from three to nine 
members, elected by the voters of the union district. 
This board exercises the ordinary powers of the School 
Trustees, but it has power in addition to establish a high 
school department, and if the union district has five thou- 
sand or more inhabitants it may elect a superintendent. 

City Schools. — The schools in cities and large villages do 
not come so directly under the control of the State Depart- 
ment of Education as do the schools in other districts of 
the State. In cities special provision is made for schools in 
the city charters. They are placed under a board of edu- 
cation appointed by the Mayor, or elected by the qualified 
voters. This board is responsible to the State Commissioner, 
and must make such reports to him as the laws require. It 
elects the Superintendent of Schools, who has general super- 
vision over the teachers and the schools. Sometimes this 
officer is elected directly by the people. 

Normal Schools. — The State very early found it neces- 
sary to provide schools wherein teachers might be trained. 
These are known as Normal Schools. There are twelve 
of them in different localities in the State. They are under 
the control of a local board of managers appointed by 
the State Commissioner, whose approval is necessary of 
any rule or course of study which the managers may make. 
Training for teachers is also given in academies in so-called 
" teachers' classes," and by " teachers' institutes" under 
the direction of District Superintendents. In New York City 
there are training schools for teachers under the Board of 
Education, and a Normal College under a Board of Trustees. 



I34 TH E GOVERNMENT OF NEW YORK. 

Special Schools. — Schools for Indians, and schools for 
deaf, dumb, and blind are under the State Commissioner, 
who makes provision for their inspection and supervision. 

Teachers' Licenses. — Every person who desires to teach 
in the schools of the State must have a license or certifi- 
cate. These are of various grades, and are issued as the 
result of examinations given by the State Department of 
Education, or by reason of graduation from some college 
or teachers' training school. In many cities, New York, 
for example, the Board of Education has its own system 
of examinations and licenses and a special license must 
be obtained in order to teach in the city. 

Compulsory Attendance Law. — The State has not only 
provided for the education of its citizens, and for the 
thorough training of teachers, but it has gone further, 
and declared that all children between certain ages must 
go to school. Every child between eight and fourteen 
years of age, who is physically and mentally fit, must 
attend school regularly or receive private instruction of 
equivalent value. Children between the ages of fourteen 
and sixteen must go to school, but are permitted to go to 
work provided they have had one hundred and thirty days 
schooling since they were thirteen years of age. Permits 
are granted by the health officers. Anyone employing a 
child without such a permit is subject to prosecution and 
fine. To see that the attendance law is carried out, certain 
officers, called attendance or truant officers, are appointed 
in each locality. They may arrest truants without war- 
rant. Parents failing to see that their children attend 
school according to law are subject to fine. Localities 



EDUCATION. I35 

which fail to see that the law is enforced may have their 
portion of school moneys from the State withheld by the 
State Commissioner, and the local officer who wilfully 
neglects its enforcement is liable to removal. 

State Aid for Education — Besides the money raised for 
education in the local district, the State distributes certain 
sums of money from general taxes and also from certain 
funds invested many years ago, the income from which 
is devoted to education. The apportionment of these 
moneys is in the control of the State Commissioner, who 
plans to make the distribution as fair as possible by bas- 
ing it on certain statistics which he receives from the 
various schools. 

Private Educational Institutions. — Outside of the State 
system of education there are numerous private and pa- 
rochial schools and denominational colleges. These do 
not receive State aid. The Constitution prohibits the 
giving of any State money to any educational institution 
wholly or partly under the control of any religious de- 
nomination, or in which any denominational tenet or 
doctrine is taught. 

Excellence of the New York System. — The centraliza- 
tion of the power over the schools in the hands of one 
man has many advantages. It keeps the education uni- 
form throughout the State, and prevents certain localities 
from neglecting the education of children by getting in- 
ferior teachers. The liberal distribution of money by the 
State has served as an incentive to all the schools to make 
their work of a high order. 



136 THE GOVERNMENT OF NEW YORK. 

Faults of the System. — There is a possibility of over- 
doing the uniformity. The educational officers are likely 
to wish to see every teacher teaching in the same way 
and teaching the same things at the same time. There 
is danger of having the whole educational system of the 
State become nothing more than a huge machine. If we 
are not careful, our system may come to be like the one 
which France is said to have had. The story is told that 
the Minister of Public Instruction in that country had 
the system worked out so nicely that he could tell what 
was being taught in every class of every grade at any 
hour and any minute, throughout the length and breadth 
of France. Teaching cannot be carried on like manu- 
facturing. A great deal must be left to the teacher. A 
system which will provide good teachers for us is the 
one we want. We do not want one which is so uniform 
in character that the teachers think more of the ma- 
chinery than they do of the teaching. 

Examinations. — There is a tendency in the State and 
in the cities to put too much stress on having the pupils 
pass uniform examinations. This system is one which 
is carried to excess in England and in Canada. It has 
some advantages. It keeps a poor teacher up to a certain 
standard of work. It has many disadvantages. It makes 
the school a mere machine for preparing pupils for exam- 
inations. Every energy is bent to passing them. Good 
teaching is not done. It becomes mere cramming. The 
good teacher is brought down to the level of the poorest, 
and the poorest is raised but slightly. 

One-man Power. — Foreign observers have noted it as 
a fact that in our democratic country the educational 



EDUCATION. I37 

system is run on a more autocratic basis than would be 
possible in the monarchical countries of Europe. Ameri- 
cans have found that in order to get things done properly 
it is necessary to choose some one man to do them, and 
then tell him to go ahead. This certainly accomplishes 
the desired end, but if it is carried too far it is danger- 
ous. A man endowed with too much power is inclined 
to crush his subordinates. Unless the latter are given 
the privilege of making known their complaints and their 
grievances without being in fear of dismissal or of losing 
promotion, the system is at fault. The complaints of 
subordinates in this branch of the public service, as in 
all other branches, frequently uncover a great deal of 
corruption and incompetence among higher officials. 
Any system which tends to check such complaints tends 
to perpetuate a bad administration when it once gets con- 
trol of public affairs. 

Politics in the Schools — An evil which has prevailed 
in the past more than it does at present has been that of 
making the appointment of teachers, principals, and super- 
intendents depend upon political influence. In New York 
City, where the evil was once at its worst, it has been 
almost completely killed by the establishment of " eligible 
lists." These are lists of candidates, successful in pass- 
ing the examinations set for teachers or principals, ranked 
according to the percentage which they attained. When 
a vacancy occurs it is filled by selecting a candidate from 
among those near the head of the list. This system has 
its faults, but it is probably the best devised as yet. Some 
other districts in the State are not so well served as New 
York City. 



I3 8 THE GOVERNMENT OF NEW YORK. 

Shall School Officials be Elected or Appointed ?— Whether 
school officials in the State, such as commissioners, super- 
intendents, and boards of education, should be appointed 
or elected is one of the most vital questions of the day. 
There is strong support for both sides of the question. 
Few deny, however, that the school system, in the neces- 
sity for being kept clear from politics, is more nearly like 
the judiciary than any other department of government. 
In the case of the judiciary, we saw that a judge attended 
to his duties better if he were not under the necessity of 
trying to get reelected at short intervals. It is a ques- 
tion if the same does not hold true of school officials. In 
districts where the population is small the system of elec- 
tion may not be considered an evil, nevertheless the 
temptation to reward political supporters or their friends 
must always be great. In the large cities appointed 
boards of education seem to work better on the whole 
than where such boards are elected. The average voter 
in the cities does not seem to be able to distinguish be- 
tween the sort of man whom he ought to choose for an 
educational officer and the one whom he chooses for his 
district leader. Even if he were able to do so, the very 
necessity of an educational officer running for office at 
all on a political party ticket draws the schools into 
politics more than could possibly be the case when such 
an officer is put into office by appointment. 

The "District" Evil — In providing for the selection 
of a State Commissioner of Education the Legislature 
very wisely enacted that a man not a resident of the State 
might be chosen to the office. That same principle should 
hold true of all educational offices from the lowest grade 



EDUCATION. 



139 



teacher to the highest official. Unfortunately it does not. 
The policy of getting " home talent " in preference to 
" outsiders " is responsible for a good deal of poor work 
in our educational department. It is an evil which is not 
confined to New York State, however, but it is one which 
we should do well to take the lead in stamping out as 
much as possible. The mental ability of no two people 
is the same, and in matters of education, at least, we 
should always try to get the best person procurable, 
whether from some other district than our own within 
the State, or from some other State. 

SUGGESTIVE QUESTIONS. 

1. Make a study of the way in which the school system of your 

home is maintained and governed : (a) Is there a school 
meeting ? (b) Who are the school officers ? How do they 
get their positions, and for what terms ? (c) How are the 
teachers selected? (d) Who votes the school taxes? How 
much was raised last year? (e) How much State aid was 
received ? (f) How is the supervision of the schools pro- 
vided for? 

2. What recommendations were made by the school commis- 

sioner or superintendent in charge of your district in his 
last report ? 

3. Is the law regarding compulsory education enforced in your 

locality ? Get a c,opy of the work certificate from the 
health officer and follow the steps that must be taken be- 
fore an employer is allowed to give employment to a boy 
under sixteen. 

4. Make a list of the sources from which the State receives 

money for the State Department of Education. (See the 
Legislative Manual.) 

5. Subject for debate : Should school officials, such as commis- 

sioners, superintendents and boards of education, be elected 
or appointed ? 



CHAPTER XIV. 

AMENDMENTS TO THE CONSTITUTION. 

Power of the People. — It is proper that the closing 
chapter should be devoted to the consideration of how 
the State Government may be changed. The State must 
have a republican form of government and is prohibited 
from doing certain things specified in the Federal Con- 
stitution. Outside of these restrictions, the people of 
New York State can do what they please with their gov- 
ernment. They can at their pleasure change its whole 
machinery so completely that the future working of it 
would be almost entirely different from that which it is 
to-day. These changes they may make through their 
representatives in the Senate and Assembly by means of 
amendments to the Constitution, or through a Constitu- 
tional Convention the delegates to which are elected by 
the voters for the especial purpose of changing the Con- 
stitution. 

Amendments. — Amendments may be proposed in the 
Senate and Assembly. If they are agreed to by a ma- 
jority of the members elected to each house they are to 
be referred to the Legislature to be chosen at the next 
general election of Senators. Three months before such 
an election takes place, however, the proposed amendment 
or amendments must be published, so that the voters may 

140 



AMENDMENTS TO THE CONSTITUTION. I4I 

know what they are. If the Legislature then chosen 
approves of the amendments by a majority of those 
elected to each house, it must then submit them to the 
people for approval. If a majority of the voters approve 
of them, they become a part of the Constitution on the 
first day of January following such approval. 

Constitutional Convention. — The Constitution provides 
that at the general election to be held in the year 19 16 
and in every twentieth year thereafter, or at any other 
time that the Legislature may provide by law, the ques- 
tion shall be put to the voters : " Shall there be a conven- 
tion to revise the Constitution and amend the same? " 
If a majority of the voters decide in favor of it, three 
delegates are chosen from each Senate District at the 
election in the year following and also fifteen delegates- 
at-large. These form the Convention. Any constitu- 
tion or constitutional amendment approved by a majority 
of the members elected to the Convention must be sub- 
mitted to the people not less than six weeks after the 
Convention has finished its work and adjourned. If the 
majority of the voters approve of the changes, then the 
new or amended Constitution goes into effect on the first 
day of January following its approval by the voters. 

Character of the Constitutional Convention. — The dele- 
gates chosen to the last Constitutional Convention in this 
State, held in 1894, were among the most capable men 
in the State. However careless the voters may some- 
times show themselves in electing members of the Legis- 
lature, when it comes to the Constitutional Convention 
they choose the best. The Constitution is a document 



142 THE GOVERNMENT OF NEW YORK. 

that they do not care to have tampered with by any in- 
ferior men. 



Interest in Conventions — The general public and the 
newspapers manifest the greatest interest in the Conven- 
tion, far more than is shown in the proceedings of the 
Legislature. Perhaps, if the same interest were shown 
in the latter as in the former body, our legislative enact- 
ment would be of a higher order, and the men chosen 
to the Legislature would compare more favorably than 
they do now with the men chosen to the Convention. 
The Convention, however, only comes at great intervals. 
It is possible to awaken greater interest in it for that 
reason. The voters do not seem to be able to keep up 
their interest in a body which, like the Legislature, meets 
every year. 

History of Amendments. — Since 1894 there have been 
no amendments to the Constitution. Preceding that date, 
of the many amendments submitted for approval the peo- 
ple accepted a very large number and rejected only a few. 
In 1869 they rejected an amendment relating to assess- 
ments, in 1873 tne y rejected by overwhelming majorities 
amendments making the judges of the higher and of many 
of the lower courts appointive, and in 1892 they rejected 
amendments relating to the powers of the two houses of 
the Legislature, the election of additional judges to the 
Supreme Court, and a third relating to certain Salt 
Springs. Many amendments, however, have been pro- 
posed in the Legislature which have never been sub- 
mitted to the people because they have not received the 
requisite number of votes in the two houses. The large 



AMENDMENTS TO THE CONSTITUTION. 



x 43 



number of amendments accepted and the few rejected 
by the people go to show that the Legislature is very 
careful of the sort of amendments it submits to the voters 
rather than that the people are careless in their considera- 
tion of them. 

History of Conventions. — The people, as we have seen 
earlier, have never shown themselves opposed to increas- 
ing the length of the Constitution. They have always 
accepted the proposals for conventions and have with one 
exception approved of the constitutions or amendments 
proposed by them. In 1869, however, they rejected the 
Constitution as amended by the Convention called in 1866, 
and accepted only two of the amendments proposed. 

SUGGESTIVE QUESTIONS. 

1. Why should a proposed amendment be printed for three 

months preceding the general election following its first 
adoption by the Legislature? 

2. What reasons can you give for the requirement that an amend- 

ment shall be adopted by two Legislatures? 

3. Why is it made more difficult to make an amendment to the 

Constitution than it is to pass a law? 

4. Compare the method of amending the Federal Constitution 

with that of amending the State Constitution. 

5. Give reasons for and against long constitutions. 



STATE AND LOCAL OFFICERS. 



(In the order in which they appear in the text.) 



Names. 


Term of Office. 


Salaries. 


How Chosen. 


Legislature. 




$1,500) , | 
1,500 s + |2 




Senator 


2 years. 


By the people. 








Executive. 








Governor 


2 years. 


io.ooo 


By the people. 


Lieutenant-Governor 


2 years. 


5,000 


By the people. 








By the people. 


Comptroller 


2 years. 


8,000 


By the people. 


Treasurer 


2 years. 


6,000 


By the people. 




2 years. 












Supt. of Public Works j 

Superintendent of Insurance. . . . 


Same as appoint- 


6,000 


By Gov. and Sen. 


3 years. 


7,000 


By Gov. and Sen. 


Superintendent of Banks 


3 years. 


7,000 


By Gov. and Sen. 


Superintendent of Prisons 


5 years. 


6,000 


By Gov. and Sen. 


Superintendent of Highways. . \ 


Pleasure of ap- 
pointing power. 


8,000 


By Gov. and Sen. 


Commissioner of Health 


4 years. 


5,000 


By Gov. and Sen. 


Commissioner of Agriculture .... 


3 years. 


5,000 


By Gov. and Sen. 


Commissioner of Excise 


5 years. 


7,000 


By Gov. and Sen. 


Commissioner of Labor 


4 years. 


5,500 


By Gov. and Sen. 


Supt. of Weights and Measures . < 


Pleasure of ap- 
pointing power. 


3,500 


( By Gov., Lt.-Gov., and 
( Secretary of State. 


Sup't of Public Buildings 


2 years. 


5,000 


( By Gov., Lt.-Gov., and 
\ Speaker of Assem. 


Architect \ 


Pleasure of ap- 
pointing power. 


7,500 


By Gov. and Sen. 


Regents 


12 years. 
8 years. 


None. 
Per day. 


By Legislature. 


Board of Charities 


By Gov. and Sen. 


Lunacy Commissioners 


6 years. 


5,000-7,500 


By Gov. and Sen. 




8 years. 
3 years. 
3 years. 
3 years. 


Per day. 
Fees. 
6,000 
2,500 


By Gov. and Sen. 


Port Wardens 


By Gov. and Sen. 




By Gov. and Sen. 


Quarantine Commissioners 


By Gov. and Sen. 


Civil Service Commissioners 


Indefinite. 


3,000 


By Gov. and Sen. 


Public Service Commissioners. . . 


5 years. 


15,000 


By Gov. and Sen. 


State Conservation Commissioners 


o years. 


10,000 


By Gov. and Sen. 


Judiciary. 








Judges of Court of Appeals 


14 years. 


13,700 


By the people. 


Supreme Court Justices 


14 years. 


10,000-17.500 


By the people. 






j Fixed by 
i Legis. 
Varies. 


By the people. 


Surrogate 


6 years. 


By the people. 


Justice of the Peace 


4 years. 


Fees. 


By the people. 


Judges of Gen. Sess., N. Y. C . . . 
Justices of City Court, N. Y. C . . 


14 years. 


17,500 


By the people. 


10 years. 


12,000 


By the people. 


Municipal C't Justices, N. Y. C. . 


10 years. 


8,000 


By the people. 


Court of Special Sess., N. Y. C. . 


10 years. 


9,000-10,000 


Appointed by Mayor. 



144 



STATE AND LOCAL OFFICERS. 



145 



STATE AND LOCAL OFFICERS {Continued). 



Names. 


Term of Office. 


Salaries. 


How Chosen. 


Judiciary {continued). 
City Magistrates, N. Y. C 


10 years. 

3 years. 
6 years. 

2 years. 

3 years. 
3 years. 
3 years. 
3 years. 

3 years. 

4 years. 

5 years. 

2 years. 
2 years. 
2 years. 
2 years. 
2 years. 
2 years. 
2 years. 
2 years. 

2 years. 
1 year. 
1 year. 
1 year. 
1 year. 
1 year. 
1 year. 
1 year. 
1 year. 
1 year. 

1 year. 
4 years. 

2 years. 
4 years. 

6 years. 
4 years. 

4 years. 

f Pleasure of 
( Mayor. 

5 years. 

( Pleasure of 
I Mayor. 


$7,000-8,000 

Fees. 
7. -5oo 

Per day. 

Fees. 

Fees. 
Varies. 
Varies. 
Varies. 
Varies. 

1,500 

Per day. 

Fees. 

Percentage. 

Per day. 

Per day. 

Per day. 

Fees. 
Per day. 

None. 
None. 
Varies. 
Varies. 
Per day. 
Percentage. 
None. 
Varies. 
None. 
None. 
None. 
Fees. 

$2,000 
5,ooo 
8,000 
5,000-7,500 

15,000 

5,000 

5,000-6,000 
15,000 
7,5oo 

7,5oo 

7,5oo 
7,5oo 
5,000 
7,500 
7,5oo 
7,5oo 


( Appointed by Mayor. 
( Some elected. 


Judges of Board of Claims 

County. 


By Gov. and Sen. 


Sheriff 




County Clerk 










Elected by people. 

Elected by people. 
By Board of Supervisors. 
{ By Town School Direc- 
( tors of his district. 

By the people. 


Superintendents of Poor 

Superintendent of Highways. . . . 

District Superintendent of Schools 
Town. 


Town Clerk 




By the people. 
By the people. 
By the people. 
By the people. 
By the people. 
By the people. 


Assessors 

Commissioner of Highways 


Constables ' 


Inspectors of Elections 

Village. 
Board of Trustees 




By the people. 
By the people. 
By the people. 
By the people. 
By the people. 




Clerk 






Board of Health 








By the people. 


Water Commissioner 




By the people. 
By the people. 

By the people. 

By the people. 

By Board of Aldermen. 




New York City. 


President of Board of Aldermen. . 
City Clerk 


Borough Presidents 




By the people. 

By the Mayor. 

By the Mayor. 
By the Mayor. 
By the Mayor. 

By the Mayor. 


Commissioner of Accounts 

Civil Service Commissioners. . . . 

Corporation Counsel 

Commissioner of Police 

Commissioner of Water Supply, 


Commissioner of Street Cleaning . 
Commissioner of Bridges 

Commissioner of Charities 

Commissioner of Correction 


By the Mayor. 
By the Mayor. 
By the Mayor. 
By the Mayor. 
By the Mayor. 
By the Mayor. 





146 



THE GOVERNMENT OF NEW YORK. 



STATE AND 


LOCAL OFFICERS {Concluded). 


Names. 


Term of Office. 


Salaries. 


How Chosen. 


New York City {continued). 

Commissioner of Docks 

Commissioners of Taxes 


Pleasure of 
Mayor 

5 years. 

6 years. 
6 years. 
6 years. 
6 years. 
6 years. 

5 Pleasure of 
( Mayor. 

4 years. 
5 Pleasure of 
( Mayor. 

( Pleasure of 
( Boro.President 

4 years. 
2 years. 
1 year. 
4 years. 
4 years. 
4 years. 
6 years. 
4 years. 
4 years. 
4 years. 

4 years. 
6 years. 

5 years. 

6 years. 
6 years. 

5 years. 

6 years. 
10 years. 

( Pleasure of 
\ the Regents. 
5 Pleasure of 
\ State Comm'r. 
1-3 years. 

1 year. 

1 year. 

1 year. 

5 years. 

5 years. 

Varies. 

Varies. 

Indefinite. 


$6,000 

7,000-8,000 
None. 
10,000 
6,500 

10,000 

7,500 
6,500 

7,500 

7,500 

15,000 

12,000 

2,500-5,000 
Varies. 

1,000 
1,000 
3,000 
5,000 
4,000 
5,000 
5,000 
5,000 
10,000 
7,5oo 
3,5oo 
2,500 
5,000 
1,800 
None. 
1,000 

3,600-4,000 
3,600 

10,000 

5.000 

None. 
Varies. 
Varies. 
Varies. 
Per day. 

1,500+ 
None. 
Varies. 

5 1,500+ 
\ mileage. 


By the Mayor. 
By the Mayor. 


City Superintendent of Schools . . 

Associate Superintendents 

Superintendent of School B'ldgs. . 
Superintendent of Sch'l Supplies . 


By Board of Education. 
By Board of Education. 
By Board of Education. 
By Board of Education. 
By Board of Education. 

By the Mayor. 

By the Mayor. 


Commissioner of Health 

Tenement House Commissioner . . 


Chamberlain 


By the Mayor. 






Superintendents of Buildings. . . . 

Commissioners of Public Works. . 

Buffalo. 


By Borough President. 
By Borough President. 






City Clerk 


By Common Council. 








Treasurer 


By the people. 
By the people. 


Corporation Counsel 

Commissioner of Public Works . . 
City Superintendent of Schools . . 


By the people. 
By the people. 
By the people. 
By the people. 




Commissioner of Health 


By the Mayor. 
















By the people. 
By the people. 

By the Regents. 

( By State Commissioner 
( and Regents. 

By the people. 

By the people. 

By the people. 

By the people. 

By the people. 
By School Directors. 

By the people. 

By the Board. 


Children's Court Judge 

Education. 
State Commissioner 

Assistant Commissioners ....... 


Clerk 








District Superintendent 




Constitutional Conventio7i. 


By the people. 





THE CONSTITUTION 

As Adopted November 6, 1894, and as Amended to 1910. 

We, the People of the State of New York, grateful to Almighty 
God for our Freedom, in order to secure its blessings, do estab- 
lish this Constitution. 

ARTICLE I. 

no person to be disfranchised. 

Section i. No member of this State shall be disfranchised, or 

deprived of any of the rights or privileges secured to any citizen 

thereof, unless by the law of the land, or the judgment of his peers. 

TRIAL BY JURY. 

Sec. 2. The trial by jury in all cases in which it has been here- 
tofore used shall remain inviolate forever; but a jury trial may be 
waived by the parties in all civil cases in the manner to be pre- 
scribed by law. 

RELIGIOUS LIBERTY. 

Sec. 3. The free exercise and enjoyment of religious profession 
and worship, without discrimination or preference, shall forever 
be allowed in this State to all mankind; and no person shall be 
rendered incompetent to be a witness on account of his opinions 
on matters of religious belief; but the liberty of conscience hereby 
secured shall not be so construed as to excuse acts of licentious- 
ness, or justify practices inconsistent with the peace or safety of 
this State. 

WRIT OF HABEAS CORPUS. 

Sec. 4. The privilege of the writ of habeas corpus shall not be 
suspended, unless when, in cases of rebellion or invasion, the pub- 
lic safety may require its suspension. 

BAIL, FINES. 

Sec. 5. Excessive bail shall not be required nor excessive fines 
imposed, nor shall cruel and unusual punishments be inflicted, nor 
shall witnesses be unreasonably detained. 

147 



148 THE GOVERNMENT OF NEW YORK. 

GRAND JURY — BILL OF RIGHTS. 

Sec. 6. No person shall be held to answer for a capital or other- 
wise infamous crime (except in cases of impeachment, and in cases 
of militia when in actual service; and the land and naval forces 
in time of war, or which this State may keep with the consent of 
Congress in time of peace, and in cases of petit larceny, under 
the regulation of the Legislature), unless on presentment or in- 
dictment of a grand jury, and in any trial in any court whatever 
the party accused shall be allowed to appear and defend in person 
and with counsel as in civil actions. No person shall be subject to 
be twice put in jeopardy for the same offense ; nor shall he be 
compelled in any criminal case to be a witness against himself; 
nor be deprived of life, liberty or property without due process of 
law; nor shall private property be taken for public use, without 
just compensation. 

PRIVATE PROPERTY — PRIVATE ROADS. 

Sec. 7. When private property shall be taken for any public use, 
the compensation to be made therefor, when such compensation is 
not made by the State, shall be ascertained by a jury, or by not less 
than three commissioners appointed by a court of record, as shall 
be prescribed by law. Private roads may be opened in the manner 
to be prescribed by law ; but in every case the necessity of the road 
and the amount of all damage to be sustained by the opening 
thereof shall be first determined by a jury of freeholders, and such 
amount, together with the expenses of the proceeding, shall be 
paid by the person to be benefited. General laws may be passed 
permitting the owners or occupants of agricultural lands to con- 
struct and maintain for the drainage thereof, necessary drains, 
ditches and dikes upon the lands of others, under proper restric- 
tions and with just compensation, but no special laws shall be 
enacted for such purposes. 

FREEDOM OF SPEECH AND OF THE PRESS. 

Sec. 8. Every citizen may freely speak, write and publish his 
sentiments on all subjects, being responsible for the abuse of that 
right; and no law shall be passed to restrain or abridge the liberty 
of speech or of the press. In all criminal prosecutions or indict- 
ments for libels, the truth may be given in evidence to the jury; 
and if it shall appear to the jury that the matter charged as libelous 
is true, and was published with good motives and for justifiable 



THE CONSTITUTION. i 49 

ends, the party shall be acquitted; and the jury shall have the 
right to determine the law and the fact. 

RIGHT OF PETITION — DIVORCES — LOTTERIES. 

Sec. 9. No law shall be passed abridging the right of the people 
peaceably to assemble and to petition the government, or any de- 
partment thereof; nor shall any divorce be granted otherwise than 
by due judicial proceedings; nor shall any lottery or the sale of 
lottery tickets, pool-selling, book-making, or any other kind of 
gambling hereafter be authorized or allowed within this State; and 
the Legislature shall pass appropriate laws to prevent offenses 
against any of the provisions of this section. 

RIGHT OF PROPERTY IN LANDS — ESCHEATS. 

Sec. 10. The people of this State, in their right of sovereignty, 
are deemed to possess the original and ultimate property in and 
to all lands within the jurisdiction of the State; and all lands the 
title to which shall fail, from a defect of heirs, shall revert, or 
escheat to the people. 

FEUDAL TENURES ABOLISHED. 

Sec. 11. All feudal tenures of every description, with all their 
incidents, are declared to be abolished, saving, however, all rents 
and services certain which at any time heretofore have been law- 
fully created or reserved. 

ALLODIAL TENURE. 

Sec. 12. All lands within this State are declared to be allodial, 
so that, subject only to the liability to escheat, the entire and 
absolute property is vested in the owners, according to the nature 
of their respective estates. 

CERTAIN LEASES INVALID. 

Sec. 13. No lease or grant of agricultural land, for a longer 
period than twelve years, hereafter made, in which shall be reserved 
any rent or service of any kind, shall be valid. 

FINES AND QUARTER SALES ABOLISHED. 

Sec. 14. All fines, quarter sales, or other like restraints upon 
alienation reserved in any grant of land, hereafter to be made, shall 
be void. 

SALE OF LANDS. 

Sec. 15. No purchase or contract for the sale of lands in this 
State made since the fourteenth day of October, one thousand 



IS© 



THE GOVERNMENT OP NEW YORK. 



seven hundred and seventy-five; or which may hereafter be made, 
of, or with the Indians, shall be valid, unless made under the 
authority, and with the consent of the Legislature. 

OLD COLONY LAWS AND ACTS OF THE LEGISLATURE — COMMON LAW — 
COMMISSIONERS TO BE APPOINTED — THEIR DUTIES. 

Sec. 16. Such parts of the common law, and of the acts of the 
Legislature of the colony of New York, as together did form the 
law of the said colony, on the nineteenth day of April, one thou- 
sand seven hundred and seventy-five, and the resolutions of the 
Congress of the said colony, and of the convention of the State 
of New York, in force on the twentieth day of April, one thousand 
seven hundred and seventy-seven, which have not since expired, 
or been repealed or altered; and such acts of the Legislature of 
this State as are now in force, shall be and continue the law of 
this State, subject to such alterations as the Legislature shall make 
concerning the same. But all such parts of the common law, and 
such of the said acts, or parts thereof, as are repugnant to this 
Constitution, are hereby abrogated. 

GRANTS OF LAND SINCE 1775 — PRIOR GRANTS. 

Sec. 17. All grants of land within the State, made by the king 
of Great Britain, or persons acting under his authority, after the 
fourteenth day of October, one thousand seven hundred and 
seventy-five, shall be null and void; but nothing contained in this 
Constitution shall affect any grants of land within this State, made 
by the authority of the said king or his predecessors, or shall 
annul any charters to bodies politic and corporate, by him or them 
made, before that day; or shall affect any such grants or charters 
since made by this State, or by persons acting under its authority; 
or shall impair the obligation of any debts contracted by the State, 
or individuals, or bodies corporate, or any other rights of prop- 
erty, or any suits, actions, rights of action, or other proceedings 
in courts of justice. 

Sec. 18. The right of action now existing to recover damages 
for injuries resulting in death, shall never be abrogated; and the 
amount recoverable shall not be subject to any statutory limitation. 

ARTICLE II. 

QUALIFICATION OF VOTERS. 

Section i. Every male citizen of the age of twenty -one years, 
who shall have been a citizen for ninety days, and an inhabitant 



THE CONSTITUTION. 



1^1 



of this State one year next preceding an election, and the last four 
months a resident of the county, and for the last thirty days a 
resident of the election district in which he may offer his vote, 
shall be entitled to vote at such election in the election district of 
which he shall at the time be a resident, and not elsewhere, for all 
officers that now are or hereafter may be elective by the people; 
and upon all questions which may be submitted to the vote of the 
people, provided that in time of war no elector in the actual military 
service of the State, or of the United States, in the army or navy 
thereof, shall be deprived of his vote by reason of his absence 
from such election district; and the Legislature shall have power to 
provide the manner in which and the time and place at which 
such absent electors may vote, and for the return and canvass of 
their votes in the election districts in which they respectively reside. 

PERSONS EXCLUDED FROM THE RIGHT OF SUFFRAGE, ETC. 

Sec. 2. No person who shall receive, accept, or offer to receive, 
or pay, offer or promise to pay, contribute, offer or promise to 
contribute to another, to be paid or used, any money or other 
valuable thing as a compensation or reward for the giving or with- 
holding a vote at an election, or who shall make any promise to 
influence the giving or withholding any such vote, or who shall 
make or become directly or indirectly interested in any bet or wager 
depending upon the result of any election, shall vote at such elec- 
tion; and upon challenge for such cause, the person so challenged, 
before the officers authorized for that purpose shall receive his 
vote, shall swear or affirm before such officers that he has not 
received or offered, does not expect to receive, has not paid, 
offered or promised to pay, contributed, offered or promised to 
contribute to another, to be paid or used, any money or other 
valuable thing as a compensation or reward for the giving or 
withholding a vote at such election, and has not made any promise 
to influence the giving or withholding of any such vote, nor made 
or become directly or indirectly interested in any bet or wager 
depending upon the result of such election. The Legislature shall 
enact laws excluding from the right of suffrage all persons con- 
victed of bribery or of any infamous crime. 

certain employments not to affect RESIDENCE OF VOTERS 
Sec. 3. For the purpose of voting, no person shall be deemed 
to have gained or lost a residence, by reason of his presence or 
absence, while employed in the service of the United States; nor 



152 



THE GOVERNMENT OF NEW YORK. 



while engaged in the navigation of the waters of this State, or of 
the United States, or of the high seas; nor while a student of any 
seminary of learning; nor while kept at any almshouse, or other 
asylum, or institution wholly or partly supported at public expense, 
or by charity; nor while confined in any public prison. 

LAWS TO BE PASSED. 

Sec. 4. Laws shall be made for ascertaining, by proper proofs, 
the citizens who shall be entitled to the right of suffrage hereby 
established, and for the registration of voters; which registration 
shall be completed at least ten days before each election. Such 
registration shall not be required for town and village elections 
except by express provision of law. In cities and villages having 
five thousand inhabitants or more, according to the last preceding 
State enumeration of inhabitants, voters shall be registered upon 
personal application only; but voters not residing in such cities 
or villages shall not be required to apply in person for registration 
at the first meeting of the officers having charge of the registry 
of voters. 

ELECTION TO BE BY BALLOT. 

Sec. 5. All elections by the citizens, except for such town offi- 
cers as may by law be directed to be otherwise chosen, shall be by 
ballot, or by such other method as may be prescribed by law, pro- 
vided that secrecy in voting be preserved. 

Sec. 6. All laws creating, regulating or affecting boards of offi- 
cers charged with the duty of registering voters, or of distributing 
ballots at the polls to voters, or of receiving, recording or count- 
ing votes at elections, shall secure equal representation of the two 
political parties which, at the general election next preceding that 
for which such boards or officers are to serve, cast the highest 
and the next highest number of votes. All such boards and offi- 
cers shall be appointed or elected in such manner, and upon the 
nomination of such representatives of said parties respectively, as 
the Legislature may direct. Existing laws on this subject shall 
continue until the Legislature shall otherwise provide. This sec- 
tion shall not apply to town meetings, or to village elections. 

ARTICLE III. 
LEGISLATIVE powers. 
Section i. The legislative power of this State shall be vested 
in the Senate and Assembly. 



THE CONSTITUTION. I53 

SENATE AND ASSEMBLY, NUMBER OF MEMBERS. 

Sec. 2. The Senate shall consist of fifty members, except as 
hereinafter provided. The senators elected in the year one thou- 
sand eight hundred and ninety-five shall hold their offices for three 
years, and their successors shall be chosen for two years. The 
Assembly shall consist of one hundred and fifty members who shall 
be chosen for one year. 

SENATE DISTRICTS. 

Sec. 3. The State shall be divided into fifty districts to be 
called senate districts, each of which shall choose one senator. 
The districts shall be numbered from one to fifty, inclusive. 
[Enumeration and boundaries follow here.] 

ENUMERATION TO BE TAKEN EVERY TEN YEARS SENATE DISTRICTS, 

HOW ALTERED 

Sec. 4. An enumeration of the inhabitants of the State shall 
be taken under the direction of the Secretary of State, during the 
months of May and June, in the year one thousand nine hundred 
and five, and in the same months every tenth year thereafter; and 
the said districts shall be so altered by the Legislature at the first 
regular session after the return of every enumeration, that each 
senate district shall contain as nearly as may be an equal number 
of inhabitants, excluding aliens, and be in as compact form as 
practicable, and shall remain unaltered until the return of another 
enumeration, and shall at all times consist of contiguous territory, 
and no county shall be divided in the formation of a senate district 
except to make two or more senate districts wholly in such county. 
No town, and no block in a city inclosed by streets or public ways, 
shall be divided in the formation of senate districts; nor shall any 
district contain a greater excess in population over an adjoining 
district in the same county, than the population of a town or block 
therein, adjoining such district. Counties, towns or blocks which, 
from their location, may be included in either of two districts, shall 
be so placed as to make said districts most nearly equal in number 
of inhabitants, excluding aliens. 

No county shall have four or more senators unless it shall have 
a full ratio for each senator. No county shall have more than one- 
third of all the senators ; and no two counties or the territory 
thereof as now organized, which are adjoining counties, or which 
are separated only by public waters, shall have more than one-half 
of all the senators. 



i 5 4 THE GOVERNMENT OF NEW YORK. 

The ratio for apportioning senators shall always be obtained 
by dividing the number of inhabitants, excluding aliens, by fifty, and 
the Senate shall always be composed of fifty members, except that 
if any county having three or more senators at the time of any 
apportionment shall be entitled on such ratio to an additional senator 
or senators, such additional senator or senators shall be given to 
such county in addition to the fifty senators, and the whole number 
of senators shall be increased to that extent. 

MEMBERS OF ASSEMBLY, NUMBER OF, ETC. 

Sec. 5. The members of the Assembly shall be chosen by single 
districts, and shall be apportioned by the Legislature at the first 
regular session after the return of every enumeration among the 
several counties of the State, as nearly as may be according to 
the number of their respective inhabitants, excluding aliens. Every 
county heretofore established and separately organized, except the 
county of Hamilton, shall always be entitled to one member of 
assembly, and no county shall hereafter be erected unless its popula- 
tion shall entitle it to a member. The county of Hamilton shall 
elect with the county of Fulton, until the population of the county 
of Hamilton shall, according to the ratio, entitle it to a member. 
But the Legislature may abolish the said county of Hamilton and 
annex the territory thereof to some other county or counties. 

The quotient obtained by dividing the whole number of inhabit- 
ants of the State, excluding aliens, by the number of members of 
assembly, shall be the ratio for apportionment, which shall be made 
as follows : One member of assembly shall be apportioned to every 
county, including Fulton and Hamilton as one county, containing 
less than the ratio and one-half over. Two members shall be appor- 
tioned to every other county. The remaining members of assembly 
shall be apportioned to the counties having more than two ratios 
according to the number of inhabitants, excluding aliens. Members 
apportioned on remainders shall be apportioned to the counties hav- 
ing the highest remainders in the order thereof respectively. No 
county shall have more members of assembly than a county having 
a greater number of inhabitants, excluding aliens. [Enumeration 
follows here.] 

In any county entitled to more than one member, the board of 
supervisors, and in any city embracing an entire county and having 
no board of supervisors, the common council, or if there be none, 
the body exercising the powers of a common council, shall assemble 
on the second Tuesday of June, one thousand eight hundred and 






THE CONSTITUTION. 755 

ninety-five, and at such times as the Legislature making an appor- 
tionment shall prescribe, and divide such counties into assembly 
districts as nearly equal in number of inhabitants, excluding aliens, 
as may be, of convenient and contiguous territory in as compact 
form as practicable, each of which shall be wholly within a senate 
district formed under the same apportionment equal to the number 
of members of assembly to which such county shall be entitled, and 
shall cause to be filed in the office of the Secretary of State and 
of the clerk of such county; a description of such districts, specify- 
ing the number of each district and of the inhabitants thereof, 
excluding aliens, according to the last preceding enumeration; and 
such apportionment and districts shall remain unaltered until an- 
other enumeration shall be made, as herein provided; but said 
division of the city of Brooklyn and the county of Kings to be made 
on the second Tuesday of June, one thousand eight hundred and 
ninety-five, shall be made by the common council of said city and 
the board of supervisors of said county, assembled in joint session. 
In counties having more than one senate district, the same number 
of asembly districts shall be put in each senate district unless the 
assembly districts cannot be evenly divided among the senate 
districts of any county, in which case one more assembly district 
shall be put in the senate district in such county having the largest, 
or one less assembly district shall be put in the senate district 
in such county having the smallest number of inhabitants, excluding 
aliens, as the case may require. No town, and no block in a city 
inclosed by streets or public ways, shall be divided in the formation 
of assembly districts, nor shall any district contain a greater excess 
in population over an adjoining district in the same senate district, 
than the population of a town or block therein adjoining such 
assembly district. Towns or blocks which, from their location, 
may be included in either of two districts, shall be so placed as 
to make said districts most nearly equal in number of inhabitants, 
excluding aliens ; but in the division of cities under the first ap- 
portionment, regard shall be had to the number of inhabitants, 
excluding aliens, of the election districts according to the State 
enumeration of one thousand eight hundred and ninety-two, so far 
as may be, instead of blocks. Nothing in this section shall prevent 
the division, at any time, of counties and towns, and the erection 
of new towns by the Legislature. 

An apportionment by the Legislature, or other body, shall be 
subject to review by the Supreme Court, at the suit of any citizen, 
under such reasonable regulations as the Legislature may prescribe; 



156 



PROCEDURE IN CONGRESS 



Counting a 
quorum. 



Recog- 
nition. 



parliamentary practice and governs the House arbitrarily; 
but it must be remembered that he is executing the will 
of the majority. 

Speaker Reed used an effective method to stop filibustering 
in the 51st Congress, when the Republican majority was very- 
small. In order to prevent the passage of bills, members of 
the minority would refuse to vote when the roll was called. As 
it was often impossible to secure the attendance of all members 
of the party in power, the roll-call would show less than a ma- 
jority "present." Hence business would be stopped under the 
point of order "no quorum." At such a juncture, Speaker 
Reed directed the clerk to count as present members sitting in 
their seats who had not voted. Thus a quorum was secured and 
bills were passed. The Supreme Court has pronounced this proced- 
ure legal, and subsequent Congresses have followed the practice. 

(2) Much of the power given to the Speaker would be 
useless but for the power of recognition. As in other as- 
semblies, before any one can speak he must be recognized 
by the chair. The Speaker may recognize whom he 
pleases, not necessarily the one who first addresses him, 
except on "Calendar Wednesday," and when bills are 
called up from the Unanimous Consent Calendar, and in 
the case of bills taken out of the hands of a committee. 
Consequently, at other times if a member wishes to push 
his bill through the House, it is necessary to consult the 
Speaker and obtain his consent. He will then be recog- 
nized at the time agreed upon. By a similar arrange- 
ment other members will secure the right to debate the bill. 

Until the long session of the 61st Congress (March, 1910), the 
Speaker's power also included that of appointing all committees, 
including the Committee on Rules, and he was chairman of that 
committee. These facts gave him almost dictatorial power over 
the bills that should come up for discussion and over their fate 
as well. This power as exercised by Speaker Cannon resulted 
in a revolt in which a number of Republican members (known 
as "insurgents") joined with the Democratic Representatives to 



PROCEDURE IN CONGRESS 157 

outvote the "regular" Republicans, and thus secured amend- 
ments to the Rules. The constitution of the Committee on 
Rules was changed (see above) and the Speaker was made ineli- 
gible for a position upon it. 

It was claimed that these changes were necessary to take the 
control of the House out of the hands of a small body of men. 
On the other hand, the previous arrangement was regarded by 
some as essential to prevent filibustering and to expedite busi- 
ness. 

Procedure in the Senate differs from that in the House compari- 
in three important respects. (1) The presiding officer, senate and 
whether he be the Vice-President or the President pro procedure. 
fern pore, has less power than the Speaker. He is more 
impartial in his recognition of both sides, therefore fili- 
bustering is easier in the Senate than in the House. 

(2) There is less restriction on the freedom of debate in 
the Senate; consequently important measures are passed 
less promptly than in the House. In fact, there is no 
means by which debate can be closed in the Senate. 

(3) The Senate has a higher standard of decorum than 
that which prevails in the House. Senators are expected 
to heed carefully one another's rights and wishes, and to 
avoid extreme exhibitions of party spirit. The Senate 
is, therefore, a more quiet and orderly body than the 
House; in it angry debate and violent behavior are of 
rare occurrence. In its methods of procedure the Senate 
k more deliberative and less business-like than the House. 

In State legislatures throughout the Union the method of Cabinet 
procedure is substantially the same as that which we have seen system of 

. govern- 

at work in Congress. But this system, sometimes called the ment. 
"Committee system," is found nowhere else. Every national 
legislative body in the world except our Congress works under 
the "Cabinet system" of government. This may be best seen 
in the English Government, where it was first developed. 

The supreme legislature of England is Parliament, composed The 
of the House of Commons and the House of Lords. Although Cabmet 
England is nominally a kingdom, the monarch has little real system. 



158 THE GOVERNMENT OF NEW YORK. 

RESTRICTION AS TO PRIVATE AND LOCAL BILLS. 

Sec. 16. No private or local bills which may be passed by the 
Legislature shall embrace more than one subject, and that shall be 
expressed in the title. 

EXISTING LAW NOT TO BE MADE A PART OF AN ACT EXCEPT BY 
INSERTING IT THEREIN. 

Sec. 17. No act shall be passed which shall provide that any 
existing law, or any part thereof, shall be made or deemed a part 
of said act, or which shall enact that any existing law, or part 
thereof, shall be applicable, except by inserting it in such act. 

PRIVATE AND LOCAL BILLS NOT TO BE PASSED IN CERTAIN CASES. 

Sec. 18. The Legislature shall not pass a private or local bill in 
any of the following cases : 

Changing the names of persons. 

Laying out, opening, altering, working or discontinuing roads, 
highways or alleys, or for draining swamps or other low lands. 

Locating or changing county seats. 

Providing for changes of venue in civil or criminal cases. 

Incorporating villages. 

Providing for election of members of boards of supervisors. 

Selecting, drawing, summoning or impaneling grand or petit 
jurors. 

Regulating the rate of interest on money. 

The opening and conducting of elections or designating places 
of voting. 

Creating, increasing or decreasing fees, percentage or allowances 
of public officers, during the term for which said officers are elected 
or appointed. 

Granting to any corporation, association or individual the right 
to lay down railroad tracks. 

Granting to any private corporation, association or individual 
any exclusive privilege, immunity or franchise whatever. 

Granting to any person, association, firm or corporation an 
exemption from taxation on real or personal property. 1 

Providing for building bridges, and chartering companies for 
such purposes, except on the Hudson river below Waterford, and 
on the East river, or over the waters forming a part of the boun- 
daries of the State. 

The Legislature shall pass general laws providing for the cases 

»As amended November 5, 1901; in effect January 1, 1902. 



THE CONSTITUTION. 159 

enumerated in this section, and for all other cases which in its 
judgment may be provided for by general laws. But no law shall 
authorize the construction or operation of a street railroad except 
upon the condition that the consent of the owners of one-half in 
value of the property bounded on, and the consent also of the local 
authorities having the control of that portion of a street or highway 
upon which it is proposed to construct or operate such railroad be 
first obtained, or in case the consent of such property owners can 
not be obtained, the Appellate Division of the Supreme Court, in 
the department in which it is proposed to be constructed, may upon 
application, appoint three commissioners, who shall determine, after 
a hearing of all parties interested, whether such railroad ought 
to be constructed or operated, and their determination, confirmed 
by the court, may be taken in lieu of the consent of the property 
owners. 

PRIVATE CLAIMS NOT TO BE AUDITED. 

Sec. 19. The Legislature shall neither audit nor allow any private 
claim or account against the State, but may appropriate money to 
pay such claims as shall have been audited and allowed according 
to law. 

TWO-THIRD BILLS. 

Sec. 20. The assent of two-thirds of the members elected to each 
branch of the Legislature shall be requisite to every bill appro- 
priating the public moneys or property for local or private purposes. 

USE OF PUBLIC MONEYS. 

Sec. 21. No money shall ever be paid out of the treasury of this 
State or any of its funds, or any of the funds under its management, 
except in pursuance of an appropriation by law; nor unless such 
payment be made within two years next after the passage of such 
appropriation act; and every such law making a new appropria- 
tion, or continuing or reviving an appropriation, shall distinctly 
specify the sum appropriated, and the object to which it is to be 
applied; and it shall not be sufficient for such law to refer to any 
other law to fix such sum. 

Sec. 22. No provision or enactment shall be embraced in the 
annual appropriation or supply bill, unless it relates specifically to 
some particular appropriation in the bill; and any such provision 
or enactment shall be limited in its operation to such appropriation. 



160 THE GOVERNMENT OE NEW YORK. 

CERTAIN SECTIONS NOT TO APPLY TO CERTAIN BILLS. 

Sec. 23. Sections seventeen and eighteen of this article shall not 
apply to any bill, or the amendments to any bill, which shall be 
reported to the Legislature by commissioners who have been ap- 
pointed pursuant to law to revise the statutes. 

BILL IMPOSING A TAX, MANNER OF PASSING. 

Sec. 24. Every law which imposes, continues or revives a tax 
shall distinctly state the tax and the object to which it is to be ap- 
plied, and it shall not be sufficient to refer to any other law to fix 
such tax or object. 

Sec. 25. On the final passage, in either house of the Legislature, 
of any act which imposes, continues or revives a tax, or creates a 
debt or charge, or makes, continues or revives any appropriation 
of public or trust money or property, or releases, discharges or com- 
mutes any claim or demand of the State, the question shall be taken 
by yeas and nays, which shall be duly entered upon the journals, 
and three-fifths of all the members elected to either house shall, in 
all such cases, be necessary to constitute a quorum therein. 

BOARD OF SUPERVISORS. 

Sec. 26. 1 There shall be in each county, except in a county 
wholly included in a city, a board of supervisors, to be composed of 
such members and elected in such manner and for such period as is 
or may be provided by law. In a city which includes an entire 
county, or two or more entire counties, the powers and duties of 
a board of supervisors may be devolved upon the municipal assem- 
bly, common council, board of aldermen, or other legislative body 
of the city. 

LOCAL LEGISLATIVE POWERS. 

Sec. 27.2 The Legislature shall, by general laws, confer upon the 
boards of supervisors of the several counties of the State such further 
powers of local legislation and administration as the Legislature 
may, from time to time, deem expedient, and in counties which 
now have, or may hereafter have, county auditors or other fiscal 
officers, authorized to audit bills, accounts, charges, claims or de- 
mands against the county, the Legislature may confer such powers 
upon said auditors or fiscal officers as the Legislature may, from 
time to time, deem expedient. 

1 As amended November 7, i8gg; in effect January i, 1900. 
8 As amended November 2, 1909; in effect January i, 1910. 



THE CONSTITUTION. 161 



NO EXTRA COMPENSATION TO BE GRANTED. 

Sec. 28. The Legislature shall not, nor shall the common council 
of any city, nor any board of supervisors, grant any extra compen- 
sation to any public officer, servant, agent or contractor. 

OCCUPATION AND EMPLOYMENT OF CONVICTS. 

Sec. 29. The Legislature shall, by law, provide for the occupa- 
tion and employment of prisoners sentenced to the several state 
prisons, penitentiaries, jails and reformatories in the State; and on 
and after the first day of January, in the year one thousand eight 
hundred and ninety-seven, no person in any such prison, peniten- 
tiary, jail or reformatory, shall be required or allowed to work, 
while under sentence thereto, at any trade, industry or occupation, 
wherein or whereby his work, or the product or profit of his work, 
shall be farmed out, contracted, given or sold to any persons, firm, 
association or corporation. This section shall not be construed to 
prevent the Legislature from providing that convicts may work 
for, and that the products of their labor may be disposed of to, the 
State or any political division thereof, or for or to any public insti- 
tution owned or managed and controlled by the State, or any politi- 
cal division thereof. 

ARTICLE IV. 

EXECUTIVE POWER, HOW VESTED. 

Section i. The executive power shall be vested in a Governor, 
who shall hold his office for two years; a Lieutenant-Governor shall 
be chosen at the same time, and for the same term. The Governor 
and Lieutenant-Governor elected next preceding the time when this 
section shall take effect, shall hold office until and including the 
thirty-first day of December, one thousand eight hundred and 
ninety-six, and their successors shall be chosen at the general elec- 
tion in that year. 

QUALIFICATIONS OF GOVERNOR. 

Sec. 2. No person shall be eligible to the office of Governor or 
Lieutenant-Governor, except a citizen of the United States, of the 
age of not less than thirty years, and who shall have been five years 
next preceding his election a resident of this State. 



162 THE GOVERNMENT OF NEW YORK. 



ELECTION OF GOVERNOR AND LIEUTENANT-GOVERNOR. 

Sec. 3. The Governor and Lieutenant-Governor shall be elected 
at the times and places of choosing members of the Assembly. The 
persons respectively having the highest number of votes for Gov- 
ernor and Lieutenant-Governor shall be elected; but in case two or 
more shall have an equal and the highest number of votes for Gov- 
ernor, or for Lieutenant-Governor, the two houses of the Legisla- 
ture at its next annual session shall forthwith, by joint ballot, choose 
one of the said persons so having an equal and the highest number 
of votes for Governor or Lieutenant-Governor. 

DUTIES AND POWERS OF THE GOVERNOR. — HIS COMPENSATION. 

Sec. 4. The Governor shall be Commander-in-Chief of the mili- 
tary and naval forces of the State. He shall have power to convene 
the Legislature, or the Senate only, on extraordinary occasions. At 
extraordinary sessions no subject shall be acted upon except such as 
the Governor may recommend for consideration. He shall com- 
municate by message to the Legislature at every session the condi- 
tion of the State, and recommend such matters to them as he shall 
judge expedient. He shall transact all necessary business with the 
officers of government, civil and military. He shall expedite all 
such measures as may be resolved upon by the Legislature, and shall 
take care that the laws are faithfully executed. He shall receive for 
his services an annual salary of ten thousand dollars, and there shall 
be provided for his use a suitable and furnished executive residence. 

PARDONING POWERS VESTED IN THE GOVERNOR. 

Sec. 5. The Governor shall have the power to grant reprieves, 
commutations and pardons after conviction, for all offenses except 
treason and cases of impeachment, upon such conditions and with 
such restrictions and limitations as he may think proper, subject 
to such regulations as may be provided by law relative to the man- 
ner of applying for pardons. Upon conviction for treason, he shall 
have power to suspend the execution of the sentence, until the case 
shall be reported to the Legislature at its next meeting, when the 
Legislature shall either pardon, or commute the sentence, direct the 
execution of the sentence, or grant a further reprieve. He shall 
annually communicate to the Legislature each case of reprieve, com- 
mutation or pardon granted, stating the name of the convict, the 
crime of which he was convicted, the sentence and its date, and the 
date of the commutation, pardon or reprieve. 



THE CONSTITUTION. 163 



POWERS OF GOVERNOR TO DEVOLVE ON LIEUTENANT-GOVERNOR. 

Sec. 6. In case of the impeachment of the Governor, or his re- 
moval from office, death, inability to discharge the powers and duties 
of the said office, resignation, or absence from the State, the powers 
and duties of the office shall devolve upon the Lieutenant-Governor 
for the residue of the term, or until the disability shall cease. But 
when the Governor shall, with the consent of the Legislature, be 
out of the State, in time of war, at the head of a military force 
thereof, he shall continue Commander-in-Chief of all the military 
force of the State. 

QUALIFICATIONS OF LIEUTENANT-GOVERNOR. 

Sec. 7. The Lieutenant-Governor shall possess the same qualifi- 
cations of eligibility for office as the Governor. He shall be presi- 
dent of the Senate, but shall have only a casting vote therein. If 
during a vacancy of the office of Governor, the Lieutenant-Governor 
shall be impeached, displaced, resign, die, or become incapable of 
performing the duties of his office, or be absent from the State, the 
President of the Senate shall act as Governor until the vacancy be 
filled or the disability shall cease; and if the President of the Sen- 
ate for any of the above causes shall become incapable of perform- 
ing the duties pertaining to the office of Governor, the Speaker of 
the Assembly shall act as Governor until the vacancy be filled or 
the disability shall cease. 

COMPENSATION OF LIEUTENANT-GOVERNOR. 

Sec. 8. The Lieutenant-Governor shall receive for his services 
an annual salary of five thousand dollars, and shall not receive or be 
entitled to any other compensation, fee or perquisite, for any duty 
or service he may be required to perform by the Constitution or by 
law. 

BILLS TO BE PRESENTED TO THE GOVERNOR FOR SIGNATURE. 

Sec. 9. Every bill which shall have passed the Senate and Assem- 
bly shall, before it becomes a law, be presented to the Governor; if 
he approve, he shall sign it; but if not, he shall return it with his 
objections to the house in which it shall have originated, which shall 
enter the objections at large on the journal, and proceed to recon- 
sider it. If after such reconsideration, two-thirds of the members 
elected to that house shall agree to pass the bill, it shall be sent, 



1 64 THE GOVERNMENT OF NEW YORK. 

together with the objections, to the other house by which it shall 
likewise be reconsidered; and if approved by two-thirds of the 
members elected to that house, it shall become a law notwithstand- 
ing the objections of the Governor. In all such cases, the votes in 
both houses shall be determined by yeas and nays, and the names of 
the members voting shall be entered on the journal of each house 
respectively. If any bill shall not be returned by the Governor 
within ten days (Sundays excepted) after it shall have been pre- 
sented to him, the same shall be a law in like manner as if he had 
signed it, unless the Legislature shall, by their adjournment, prevent 
its return, in which case it shall not become a law without the ap- 
proval of the Governor. No bill shall become a law after the final 
adjournment of the Legislature, unless approved by the Governor 
within thirty days after such adjournment. If any bill presented 
to the Governor contain several items of appropriation of money, 
he may object to one or more of such items while approving of the 
other portion of the bill. In such case, he shall append to the bill, 
at the time of signing it, a statement of the items to which he ob- 
jects; and the appropriation so objected to shall not take effect. If 
the Legislature be in session, he shall transmit to the house in which 
the bill originated a copy of such statement, and the items objected 
to shall be separately considered. If on reconsideration one or 
more of such items be approved by two-thirds of the members 
elected to each house, the same shall be part of the law, notwith- 
standing the objections of the Governor. All the provisions of this 
ssction, in relation to bills not approved by the Governor, shall apply 
Li cases in which he shall withhold his approval from any item or 
items contained in a bill appropriating money. 

ARTICLE V. 

STATE OFFICERS. 

Section i. The Secretary of State, Comptroller, Treasurer, At- 
torney-General and State Engineer and Surveyor shall be chosen 
at a general election at the times and places of electing the Governor 
and Lieutenant-Governor, and shall hold their offices for two years, 
except as provided in section two of this article. Each of the officers 
in this article named, excepting the Speaker of the Assembly, shall, 
at stated times during his continuance in office, receive for his ser- 
vices a compensation which shall not be increased or diminished 
during the term for which he shall have been elected; nor shall he 



THE CONSTITUTION. 165 

receive to his use any fee or perquisites of office or other compensa- 
tion. No person shall be elected to the office of State Engineer and 
Surveyor who is not a practical civil engineer. 

Sec. 2. The first election of the Secretary of State, Comptroller, 
Treasurer, Attorney-General and State Engineer and Surveyor, pur- 
suant to this article shall be held in the year one thousand eight 
hundred and ninety-five, and their terms of office shall begin on the 
first day of January following, and shall be for three years. At the 
general election in the year one thousand eight hundred and ninety- 
eight, and every two years thereafter, their successors shall be chosen 
for the term of two years. 

SUPERINTENDENT OF PUBLIC WORKS. 

Sec. 3. A Superintendent of Public Works shall be appointed by 
the Governor, by and with the advice and consent of the Senate, 
and hold his office until the end of the term of the Governor by 
whom he was nominated, and until his successor is appointed and 
qualified. He shall receive a compensation to be fixed by law. He 
shall be required by law to give security for the faithful execution 
of his office before entering upon the duties thereof. He shall be 
charged with the execution of all laws relating to the repair and 
navigation of the canals, and also of those relating to the construc- 
tion and improvement of the canals, except so far as the execution 
of the laws relating to such construction or improvement shall be 
confided to the State Engineer and Surveyor; subject to the con- 
trol of the Legislature, he shall make the rules and regulations for 
the navigation or use of the canals. He may be suspended or re- 
moved from office by the Governor, whenever, in his judgment, the 
public interest shall so require; but in case of the removal of such 
Superintendent of Public Works from office, the Governor shall 
file with the Secretary of State a statement of the cause of such 
removal, and shall report such removal and the cause thereof to 
the Legislature at its next session. The Superintendent of Public 
Works shall appoint not more than three assistant superintendents, 
whose duties shall be prescribed by him, subject to modification by 
the Legislature, and who shall receive for their services a compensa- 
tion to be fixed by law. They shall hold their office for three years, 
subject to suspension or removal by the Superintendent of Public 
Works, whenever, in his judgment, the public interest shall so re- 
quire. Any vacancy in the office of any such assistant superintend- 



1 66 THE GOVERNMENT OF NEW YORK. 

ents shall be filled for the remainder of the term for which he was 
appointed, by the Superintendent of Public Works; but in case of 
the suspension or removal of any such assistant superintendent by 
him, he shall at once report to the Governor, in writing, the cause 
of such removal. All other persons employed in the care and man- 
agement of the canals, except collectors of tolls, and those in the 
department of the State Engineer and Surveyor, shall be appointed 
by the Superintendent of Public Works, and be subject to suspen- 
sion or removal by him. The Superintendent of Public Works shall 
perform all the duties of the Canal Commissioners, and Board of 
Canal Commissioners, as now declared by law, until otherwise pro- 
vided by the Legislature. The Governor, by and with the advice and 
consent of the Senate, shall have power to fill vacancies in the office 
of Superintendent of Public Works; if the Senate be not in ses- 
sion, he may grant commissions which shall expire at the end of 
the next succeeding session of the Senate. 

SUPERINTENDENT OF PRISONS. 

Sec. 4. A Superintendent of State Prisons shall be appointed by 
the Governor, by and with the advice and consent of the Senate, and 
hold his office for five years, unless sooner removed; he shall give 
security in such amount, and with such sureties as shall be required 
by law for the faithful discharge of his duties; he shall have the 
superintendence, management and control of State prisons, subject 
to such laws as now exist or may hereafter be enacted; he shall ap- 
point the agents, wardens, physicians and chaplains of the prisons. 
The agent and warden of each prison shall appoint all other officers 
of such prison, except the clerk, subject to the approval of the same 
by the Superintendent. The Comptroller shall appoint the clerks of 
the prisons. The Superintendent shall have all the powers and per- 
form all the duties not inconsistent herewith, which were formerly 
had and performed by the Inspectors of State Prisons. The Gov- 
ernor may remove the Superintendent for cause at any time, giv- 
ing to him a copy of the charges against him, and an opportunity to 
be heard in his defense. 

COMMISSIONERS OF THE LAND OFFICE— OF THE CANAL FUND — 
CANAL BOARD. 

Sec. 5. The Lieutenant-Governor, Speaker of the Assembly, Secre- 
tary of State, Comptroller, Treasurer, Attorney- General and State 
Engineer and Surveyor shall be the Commissioners of the Land 



THE CONSTITUTION. 167 

Office. The Lieutenant-Governor, Secretary of State, Comptroller, 
Treasurer and Attorney-General shall be the Commissioners of the 
Canal Fund. The Canal Board shall consist of the Commissioners 
of the Canal Fund, the State Engineer and Surveyor, and the Su- 
perintendent of Public Works. 

POWERS AND DUTIES OF BOARDS. 

Sec. 6. The powers and duties of the respective boards, and of 
the several officers in this article mentioned, shall be such as now 
are or hereafter may be prescribed by law. 

TREASURER MAY BE SUSPENDED BY THE GOVERNOR. 

Sec. 7. The Treasurer may be suspended from office by the Gov- 
ernor, during the recess of the Legislature, and until thirty days 
after the commencement of the next session of the Legislature, 
whenever it shall appear to him that such Treasurer has, in any 
particular, violated his duty. The Governor shall appoint a com- 
petent person to discharge the duties of the office during such sus- 
pension of the Treasurer. 

OFEICES ABOLISHED. 

Sec. 8. All offices for the weighing, gauging, measuring, culling 
or inspecting any merchandise, produce, manufacture or commodity 
whatever, are hereby abolished; and no such office shall hereafter be 
created by law; but nothing in this section contained shall abrogate 
any office created for the purpose of protecting the public health or 
the interests of the State in its property, revenue, tolls or purchases, 
or of supplying the people with correct standards of weights and 
measures, or shall prevent the creation of any office for such pur- 
poses hereafter. 

CIVIL SERVICE LAW. 

Sec. 9. Appointments and promotions in the civil service of the 
State, and of all the civil divisions thereof, including cities and vil- 
lages, shall be made according to merit and fitness, to be ascertained, 
so far as practicable, by examinations, which, so far as practicable, 
shall be competitive; provided, however, that honorably discharged 
soldiers and sailors from the army and navy of the United States in 
the late civil war, who are citizens and residents of this State, shall 



1 68 THE GOVERNMENT OF NEW YORK. 

be entitled to preference in appointment and promotion, without re- 
gard to their standing on any list from which such appointment or 
promotion may be made. Laws shall be made to provide for the 
enforcement of this section. 



ARTICLE VI. 

SUPREME COURT, OF WHAT IT SHALL CONSIST, ETC. 

Section i. The Supreme Court is continued with general juris- 
diction in law and equity, subject to such appellate jurisdiction of 
the Court of Appeals as now is or may be prescribed by law not in- 
consistent with this article. The existing judicial districts of the 
State are continued until changed as hereinafter provided. The Su- 
preme Court shall consist of the justices now in office, and of the 
judges transferred thereto by the fifth section of this article, all of 
whom shall continue to be justices of the Supreme Court during 
their respective terms, and of twelve additional justices who shall 
reside in and be chosen by the electors of, the several existing judi- 
cial districts, three in the first district, three in the second, and one 
in each of the other districts; and of their successors. The succes- 
sors of said justices shall be chosen by the electors of the irrespec- 
tive judicial districts. The Legislature may alter the judicial dis- 
tricts once after every enumeration under the Constitution, of the 
inhabitants of the State, and thereupon reapportion the justices to 
be thereafter elected in the districts so altered. 

The Legislature may from time to time increase the number of 
justices in any judicial district, except that the number of justices 
in the first and second districts, or in any of the districts into which 
the second district may be divided, shall not be increased to exceed 
one justice for each eighty thousand, or fraction over forty thousand 
of the population thereof, as shown by the last State or Federal 
census or enumeration, and except that the number of justices in 
any other district shall not be increased to exceed one justice for 
each sixty thousand, or fraction over thirty-five thousand of the 
population thereof, as shown by the last State or Federal census or 
enumeration. The Legislature may erect out of the Second Judicial 
District as now constituted another judicial district and apportion 
the justices in office between the districts, and provide for the elec- 
tion of additional justices in the new district not exceeding the limit 
herein provided. 1 

1 As amended November 7, 1905; in effect January 1, 1906. 



THE CONSTITUTION. i6q 



DIVISION OF JUDICIAL DEPARTMENTS. 

Sec. 2. The Legislature shall divide the State into four judicial 
departments. The first department shall consist of the county of 
New York; the others shall be bounded by county lines, and be com- 
pact and equal in population as nearly as may be. Once every ten 
years the Legislature may alter the judicial departments, but with- 
out increasing the number thereof. 

There shall be an Appellate Division of the Supreme Court, con- 
sisting of seven justices in the first department, and of five justices 
in each of the other departments. In each department four shall 
constitute a quorum, and the concurrence of three shall be neces- 
sary to a decision. No more than five justices shall sit in any case. 

From all the justices elected to the Supreme Court the Governor 
shall designate those who shall constitute the Appellate Division in 
each department ; and he shall designate the presiding justice there- 
of, who shall act as such during his term of office, and shall be a 
resident of the department. The other justices shall be designated 
for terms of five years or the unexpired portions of their respective 
terms of office, if less than five years. From time to time as the terms 
of such designations expire, or vacancies occur, he shall make new 
designations. A majority of the justices designated to sit in the 
Appellate Division in each department shall be residents of the de- 
partment. He may also make temporary designations in case of the 
absence or inability to act of any justice in the Appellate Division, 
or in case the presiding justice of any Appellate Division shall cer- 
tify to him that one or more additional justices are needed for the 
speedy disposition of the business before it. 1 Whenever the Appel- 
late Division in any department shall be unable to dispose of its 
business within a reasonable time, a majority of the presiding jus- 
tices of the several departments at a meeting called by the presiding 
justice of the department in arrears may transfer any pending 
appeals from such department to any other department for hearing 
and determination. No justice of the Appellate Division shall, 
within the department to which he may be designated to perform the 
duties of an appellate justice, 2 exercise any of the powers of a justice 
of the Supreme Court, other than those of a justice out of court, and 
those pertaining to the Appellate Division or to the hearing and 
decision of motions submitted by consent of counsel, but any such 

1 As amended November 7, 1899; in effect January 1, 1900. 
l As amended November 7, 1905; in effect January 1, 1906. 



170 THE GOVERNMENT OF NEW YORK. 

justice when not actually engaged in performing the duties of such 
appellate justice in the department to which he is designated may- 
hold any term of the Supreme Court and exercise any of the powers 
of a justice of the Supreme Court in any county or judicial district 
in any other department of the State. 1 From and after the last day 
of December eighteen hundred and ninety-five, the Appellate Divi- 
sion shall have the jurisdiction now exercised by the Supreme Court 
at its General Terms and by the General Terms of the Court of 
Common Pleas for the City and County of New York, the Superior 
Court of the City of New York, the Superior Court of Buffalo and 
the City of Brooklyn, and such additional jurisdiction as may be 
conferred by the Legislature. It shall have power to appoint and 
remove a reporter. 

The justices of the Appellate Division in each department shall 
have power to fix the times and places for holding Special and Trial 
Terms therein, and to assign the justices in the departments to hold 
such terms; or to make rules therefor. 

JUDGES NOT TO SIT IN REVIEW IN CERTAIN CASES. 

Sec. 3. No judge or justice shall sit in the Appellate Division or 
in the Court of Appeals in review of a decision made by him or by 
any court of which he was at the time a sitting member. The tes- 
timony in equity cases shall be taken in like manner as in cases at 
law; and, except as herein otherwise provided, the Legislature shall 
have the same power to alter and regulate the jurisdiction and pro- 
ceedings in law and in equity that it has heretofore exercised. 

TERMS OF OFFICE. 

Sec. 4. The official terms of the justices of the Supreme Court 
shall be fourteen years from and including the first day of January 
next after their election. When a vacancy shall occur otherwise 
than by expiration of term in the office of justice of the Supreme 
Court the same shall be filled for a full term, at the next general 
election, happening not less than three months after such vacancy 
occurs; and, until the vacancy shall be so filled, the Governor by 
and with the advice and consent of the Senate, if the Senate shall 
be in session, or if not in session, the Governor may fill such vacancy 
by appointment, which shall continue until and including the last 
day of December next after the election at which the vacancy shall 
be filled. 

'As amended November 7, 1905; in effect January 1, 1906. 






THE CONSTITUTION. 171 



ABOLITION OF CITY COURTS. 



Sec. 5. The Superior Court of the City of New York, the Court 
of Common Pleas for the City and County of New York, the Su- 
perior Court of Buffalo, and the City Court of Brooklyn, are abol- 
ished from and after the first day of January, one thousand eight 
hundred and ninety-six, and thereupon the seals, records, papers and 
documents of or belonging to such courts, shall be deposited in the 
offices of the clerks of the several counties in which said courts now 
exist; and all actions and proceedings then pending in such courts 
shall be transferred to the Supreme Court for hearing and deter- 
mination. The judges of said courts in office on the first day of 
January, one thousand eight hundred and ninety-six, shall, for the 
remainder of the terms for which they were elected or appointed, be 
justices of the Supreme Court; but they shall sit only in the counties 
in which they were elected or appointed. Their salaries shall be 
paid by the said counties respectively, and shall be the same as the 
salaries of the other justices of the Supreme Court residing in the 
same counties. Their successors shall be elected as justices of the 
Supreme Court by the electors of the judicial districts in which they 
respectively reside. 

The jurisdiction now exercised by the several courts hereby abol- 
ished, shall be vested in the Supreme Court. Appeals from inferior 
and local courts now heard in the Court of Common Pleas for the 
City and County of New York and the Superior Court of Buffalo, 
shall be heard in the Supreme Court in such manner and by such 
justice or justices as the Appellate Divisions in the respective de- 
partments, which include New York and Buffalo, shall direct, 
unless otherwise provided by the Legislature. 



ABOLITION OF CIRCUIT COURTS AND COURTS OF OYER AND TERMINER. 

Sec. 6. Circuit Courts and Courts of Oyer and Terminer are 
abolished from and after the last day of December, one thousand 
eight hundred and ninety-five. All their jurisdiction shall thereupon 
be vested in the Supreme Court, and all actions and proceedings 
then pending in such courts shall be transferred to the Supreme 
Court for hearing and determination. Any justice of the Supreme 
Court, except as otherwise provided in this article, may hold court 
in any county. 



172 THE GOVERNMENT OF NEW YORK. 



COURT OF APPEALS. 

Sec. 7. The Court of Appeals is continued. It shall consist of 
the chief judge and associate judges now in office, who shall hold 
their offices until the expiration of their respective terms, and their 
successors, who shall be chosen by the electors of the State. The 
official terms of the chief judge and associate judges shall be fourteen 
years from and including the first day of January next after their 
election. Five members of the court shall form a quorum, and the 
concurrence of four shall be necessary to a decision. The court 
shall have power to appoint and to remove its reporter, clerk and 
attendants. Whenever and as often as a majority of the judges of 
the Court of Appeals shall certify to the Governor that said court 
is unable, by reason of the accumulation of causes pending therein, 
to hear and dispose of the same with reasonable speed, the Governor 
shall designate not more than four justices of the Supreme Court 
to serve as associate judges of Court of Appeals. The justices so 
designated shall be relieved from their duties as justices of the 
Supreme Court and shall serve as associate judges of the Court of 
Appeals until the causes undisposed of in said court are reduced to 
two hundred, when they shall return to the Supreme Court. The 
Governor may designate justices of the Supreme Court to fill vacan- 
cies. No justice shall serve as associate judge of the Court of Ap- 
peals, except while holding the office of Justice of the Supreme Court, 
and no more than seven judges shall sit in any case. 1 

vacancies; how filled. 

Sec. 8. When a vacancy shall occur otherwise than by expiration 
of term, in the office of chief or associate judge of the Court of Ap- 
peals, the same shall be filled, for a full term, at the next general 
election happening not less than three months after such vacancy 
occurs; and until the vacancy shall be so filled, the Governor, by 
and with the advice and consent of the Senate, if the Senate shall 
be in session, or if not in session the Governor may fill such vacancy 
by appointment. If any such appointment of chief judge shall be 
made from among the associate judges, a temporary appointment of 
associate judge shall be made in like manner; but in such case, the 
person appointed chief judge shall not be deemed to vacate his office 
of associate judge any longer than until the expiration of his ap- 
pointment as chief judge. The powers and jurisdiction of the court 

"As amended November 7, 1899; in effect January 1, 1900. 



THE CONSTITUTION. 173 

shall not be suspended for want of appointment or election, when 
the number of judges is sufficient to constitute a quorum. All ap- 
pointments under this section shall continue until and including the 
last day of December next after the election at which the vacancy- 
shall be filled. 

JURISDICTION OF COURT OF APPEALS. 

Sec. 9. After the last day of December, one thousand eight hun- 
dred and ninety-five, the jurisdiction of the Court of Appeals, ex- 
cept where the judgment is of death, shall be limited to the review 
of questions of law. No unanimous decision of the Appellate Divi- 
sion of the Supreme Court that there is evidence supporting or tend- 
ing to sustain a finding of fact or a verdict not directed by the court, 
shall be reviewed by the Court of Appeals. Except where the judg- 
ment is of death, appeals may be taken, as of right, to said court 
only from judgments or orders entered upon decisions of the Ap- 
pellate Division of the Supreme Court, finally determining actions 
or special proceedings, and from orders granting new trials on ex- 
ceptions, where the appellants stipulate that upon affirmance judg- 
ment absolute shall be rendered against them. The Appellate Divi- 
sion in any department may, however, allow an appeal upon any 
question of law which, in its opinion, ought to be reviewed by the 
Court of Appeals. 

The Legislature may further restrict the jurisdiction of the Court 
of Appeals and the right of appeal thereto, but the right to appeal 
shall not depend upon the amount involved. 

The provisions of this section shall not apply to orders made or 
judgments rendered by any General Term before the last day of 
December, one thousand eight hundred and ninety-five, but appeals 
therefrom may be taken under existing provisions of lav/. 

JUDGES OF COURT OF APPEALS, OR JUSTICES OF SUPREME COURT, 
TO HOLD NO OTHER OFFICE. 

Sec. 10. The judges of the Court of Appeals and the justices of 
the Supreme Court shall not hold any other office or public trust. 
All votes for any of them, for any other than a judicial office, given 
by the Legislature or the people, shall be void. 

REMOVALS — PROCEEDINGS IN RELATION THERETO. 

Sec. 11. Judges of the Court of Appeals and justices of the 
Supreme Court, may be removed by concurrent resolution of both 



174 THE GOVERNMENT OF NEW YORK. 

houses of the Legislature, if two-thirds of all the members elected 
to each house concur therein. All other judicial officers, except jus- 
tices of the peace and judges or justices of inferior courts not of 
record, may be removed by the Senate, on the recommendation of 
the Governor, if two-thirds of all the members elected to the Sen- 
ate concur therein. But no officer shall be removed by virtue of this 
section except for cause, which shall be entered on the journals, nor 
unless he shall have been served with a statement of the cause 
alleged, and shall have had an opportunity to be heard. On the 
question of removal, the yeas and nays shall be entered on the 
journal. 

compensation; age restriction; assignment by governor. 

Sec. 12. No person shall hold the office of judge or justice of any 
court longer than until and including the last day of December 
next after he shall be seventy years of age. Each justice of the Su- 
preme Court shall receive from the State the sum of ten thousand 
dollars per year. Those assigned to the Appellate Divisions in the 
third and fourth departments shall each receive in addition the sum 
of two thousand dollars, and the presiding justices thereof the sum 
of two thousand five hundred dollars per year. Those justices 
elected in the first and second judicial departments shall continue 
to receive from their respective cities, counties, or districts as now 
provided by law, such additional compensation as will make their 
aggregate compensation what they are now receiving. Those jus- 
tices elected in any judicial department other than the first or sec- 
ond, and assigned to the Appellate Divisions of the first or second 
departments shall, while so assigned, receive from those departments 
respectively, as now provided by law, such additional sum as is paid 
to the justices of those departments. A justice elected in the third 
or fourth department assigned by the Appellate Division or desig- 
nated by the Governor to hold a trial or special term in a judicial 
district other than that in which he is elected shall receive in addi- 
tion ten dollars per day for expenses while actually so engaged in 
holding such term, which shall be paid by the State and charged 
upon the judicial district where the service is rendered. The com- 
pensation herein provided shall be in lieu of and shall exclude all 
other compensation and allowance to said justices for expenses of 
every kind and nature whatsoever. The provisions of this section 
shall apply to the judges and justices now in office and to those 
hereafter elected. The judges and justices hereinbefore mentioned 



THE CONSTITUTION. 175 

shall receive for their services a compensation established by law, 
which shall not be increased or diminished during their official 
terms, except as provided in section five of this article. No per- 
son shall hold the office of judge or justice of any court longer than 
until and including the last day of December next after he shall be 
seventy years of age. No judge or justice elected after the first 
day of January, one thousand eight hundred and ninety-four, shall 
be entitled to receive any compensation after the last day of Decem- 
ber next after he shall be seventy years of age; but the compensa- 
tion of every judge of the Court of Appeals or justice of the Supreme 
Court elected prior to the first day of January, one thousand eight 
hundred and ninety-four, whose term of office has been, or whose 
present term of office shall be, so abridged, and who shall have served 
as such judge or justice ten years or more, shall be continued dur- 
ing the remainder of the term for which he was elected; but any such 
judge or justice may, with his consent, be assigned by the Governor, 
from time to time, to any duty in the Supreme Court while his com- 
pensation is so continued. 1 



IMPEACHMENTS. 

Sec. 13. The Assembly shall have the power of impeachment, by 
a vote of a majority of all the members elected. The Court for the 
Trial of Impeachments shall be composed of the President of the 
Senate, the senators, or the major part of them, and the judges of 
the Court of Appeals, or the major part of them. On the trial of an 
impeachment against the Governor or Lieutenant-Governor, the 
Lieutenant-Governor shall not act as a member of the court. No 
judicial officer shall exercise his office, after articles of impeach- 
ment against him shall have been preferred to the Senate, until he 
shall have been acquitted. Before the trial of an impeachment the 
members of the court shall take an oath or affirmation truly and 
impartially to try the impeachment according to the evidence, and 
no person shall be convicted without the concurrence of two-thirds 
of the members present. Judgment in cases of impeachment shall 
not extend further than to removal from office, or removal from 
office and disqualification to hold and enjoy any office or honor, trust 
or profit under this State; but the party impeached shall be liable 
to indictment and punishment according to law. 

1 As amended November 2, 1909; in effect January 1, igio. 



176 THE GOVERNMENT OF NEW YORK. 



COUNTY COURTS. 

Sec. 14. The existing County Courts are continued, and the 
judges thereof now in office shall hold their offices until the expira- 
tion of their respective terms. In the county of Kings there shall 
be two county judges and the additional county judge shall be chosen 
at the next general election held after the adoption of this article. 
The successors of the several county judges shall be chosen by the 
electors of the counties for the term of six years. County Courts shall 
have the powers and jurisdiction they now possess, and also original 
jurisdiction in actions for the recovery of money only, where the 
defendants reside in the county, and in which the complaint de- 
mands judgment for a sum not exceeding two thousand dollars. 
The Legislature may hereafter enlarge or restrict the jurisdiction 
of the County Courts, provided, however, that their jurisdiction 
shall not be so extended as to authorize an action therein for the 
recovery of money only, in which the sum demanded exceeds two 
thousand dollars, or in which any person not a resident of the 
county is a defendant. 

Courts of Sessions, except in the county of New York, are abol- 
ished from and after the last day of December, one thousand eight 
hundred and ninety-five. All the jurisdiction of the Court of Ses- 
sions in each county, except the county of New York, shall there- 
upon be vested in the County Court thereof, and all actions and 
proceedings then pending in such Courts of Sessions shall be trans- 
ferred to said County Courts for hearing and determination. Every 
county judge shall perform such duties as may be required by law. 
His salary shall be established by law, payable out of the county 
treasury. A county judge of any county may hold County Courts 
in any other county when requested by the judges of such other 
county. 

surrogates' courts. 

Sec. 15. The existing Surrogates' Courts are continued, and the 
surrogates now in office shall hold their offices until the expiration 
of their terms. Their successors shall be chosen by the electors of 
their respective counties, and their terms of office shall be six years, 
except in the county of New York, where they shall continue to be 
fourteen years. Surrogates and Surrogates' Courts shall have the 
jurisdiction and powers which the surrogates and existing Surro- 
gates' Courts now possess, until otherwise provided by the Legis- 



THE CONSTITUTION. 177 

lature. The county judge shall be surrogate of his county, except 
where a separate surrogate has been or shall be elected. In counties 
having a population exceeding forty thousand, wherein there is no 
separate surrogate, the Legislature may provide for the election 
of a separate officer to be surrogate, whose term of office shall be 
six years. When the surrogate shall be elected as a separate officer 
his salary shall be established by law, payable out of the county 
treasury. No county judge or surrogate shall hold office longer than 
until and including the last day of December next after he shall be 
seventy years of age. Vacancies occurring in the office of county 
judge or surrogate shall be filled in the same manner as like vacan- 
cies occurring in the Supreme Court. The compensation of any 
county judge or surrogate shall not be increased or diminished dur- 
ing his term of office. For the relief of Surrogates' Courts the Legis- 
lature may confer upon the Supreme Court in any county having a 
population exceeding four hundred thousand the powers and juris- 
diction of surrogates, with authority to try issues of fact by jury in 
probate cases. 

LOCAL JUDICIAL OFFICERS. 

Sec. 16. The Legislature may, on application of the board of 
supervisors, provide for the election of local officers, not to exceed 
two in any county, to discharge the duties of county judge and of 
surrogate, in cases of their inability or of a vacancy, and in such 
other cases as may be provided by law, and to exercise such other 
powers in special cases as are or may be provided by law. 



JUSTICES OF THE PEACE. 

Sec. 17. The electors of the several towns shall, at their annual 
town meetings, or at such other time and in such manner as the Legis- 
lature may direct, elect justices of the peace, whose term of office 
shall be four years. In case of an election to fill a vacancy occurring 
before the expiration of a full term, they shall hold for the residue 
of the unexpired term. Their number and classification may be 
regulated by law. Justices of the peace and judges or justices of 
inferior courts not of record, and their clerks, may be removed for 
cause, after due notice and an opportunity of being heard, by such 
courts as are or may be prescribed by law. Justices of the peace 
and District Court justices may be elected in the different cities of 
this State in such manner, and with such powers, and for such terms, 
respectively, as are or shall be prescribed by law; all other judicial 



178 THE GOVERNMENT OF NEW YORK. 

officers in cities, whose election or appointment is not otherwise pro- 
vided for in this article, shall be chosen by the electors of such 
cities, or appointed by some local authorities thereof. 

INFERIOR LOCAL COURTS. 

Sec. i 8. Inferior local courts of civil and criminal jurisdiction 
may be established by the Legislature, but no inferior local court 
hereafter created shall be a court of record. The Legislature shall 
not hereafter confer upon any inferior or local court of its creation f 
any equity jurisdiction or any greater jurisdiction in other respects 
than is conferred upon County Courts by or under this article. 
Except as herein otherwise provided, all judicial officers shall be 
elected or appointed at such times and in such manner as the Legis- 
lature may direct. 

CLERKS OF SUPREME COURT AND COURT OF APPEALS. 

Sec. 19. Clerks of the several counties shall be clerks of the 
Supreme Court, with such powers and duties as shall be prescribed 
by law. The justices of the Appellate Division in each department 
shall have power to appoint and to remove a clerk who shall keep his 
office at a place to be designated by said justices. The clerk of the 
Court of Appeals shall keep his office at the seat of government. 
The clerk of the Court of Appeals and the clerks of the Appellate 
Division shall receive compensation to be established by law and 
paid out of the public treasury. 



NO JUDICIAL OFFICER, EXCEPT JUSTICE OF THE PEACE, TO 
RECEIVE FEES. 

Sec. 20. No judicial officer, except justices of the peace, shall 
receive to his own use any fees or perquisites of office; nor shall any 
judge of the Court of Appeals, or justice of the Supreme Court, or 
any county judge or surrogate hereafter elected in a county having 
a population exceeding one hundred and twenty thousand, practise 
as an attorney or counselor in any court of record in this State, or 
act as referee. The Legislature may impose a similar prohibition 
upon county judges and surrogates in other counties. No one shall 
be eligible to the office of judge of the Court of Appeals, justice of 
the Supreme Court, or, except in the county of Hamilton, to the 
office of county judge or surrogate, who is not an attorney and 
counselor of this State. 



THE CONSTITUTION. 179 



PUBLICATION OF STATUTES TO BE PROVIDED FOR. 

Sec. 21. The Legislature shall provide for the speedy publication 
of all statutes, and shall regulate the reporting of the decisions of 
the courts; but all laws and judicial decisions shall be free for pub- 
lication by any person. 



LOCAL JUDICIAL OFFICERS — TERMS OF INCUMBENTS. 

Sec. 22. Justices of the peace and other local judicial officers pro- 
vided for in sections seventeen and eighteen in office when this 
article takes effect, shall hold their offices until the expiration of 
their respective terms. 

COURTS OF SPECIAL SESSIONS. 

Sec. 23. Courts of Special Sessions shall have such jurisdiction of 
offenses of the grade of misdemeanors as may be prescribed by law. 

ARTICLE VII. 

STATE CREDIT NOT TO BE LOANED. 

Section i. The credit of the State shall not in any manner be 
given or loaned to or in aid of any individual, association or cor- 
poration. 

POWER TO CONTRACT DEBTS. 

Sec. 2. The State may, to meet casual deficits or failures in reve- 
nues, or for expenses not provided for, contract debts; but such 
debts, direct or contingent, singly or in the aggregate, shall not at 
any time exceed one million of dollars; and the moneys arising from 
the loans creating such debts shall be applied to the purpose for 
which they were obtained, or to repay the debt so contracted, and to 
no other purpose whatever. 

Sec. 3. In addition to the above limited power to contract debts, 
the State may contract debts to repel invasion, suppress insurrection, 
or defend the State in war; but the money arising from the con- 
tracting of such debts shall be applied to the purpose for which it 
was raised, or to repay such debts, and to no other purpose what- 
ever. 



i8o THE GOVERNMENT OF NEW YORK. 



LIMITATION OF LEGISLATIVE POWER IN THE CREATION OE DEBTS. 

Sec. 4. Except the debts specified in sections two and three of this 
article, no debts shall be hereafter contracted by or in behalf of this 
State, unless such debt shall be authorized by a law for some single 
work or object, to be distinctly specified therein; and such law shall 
impose and provide for the collection of a direct annual tax to pay, 
and sufficient to pay, the interest on such debt as it falls due, and 
also to pay and discharge the principal of such debt within fifty 
years from the time of the contracting thereof. No such law shall 
take effect until it shall, at a general election, have been submitted 
to the people, and have received a majority of all the votes cast for 
and against it at such election. On the final passage of such bill in 
either house of the Legislature, the question shall be taken by ayes 
and noes, to be duly entered on the journals thereof, and shall be: 
" Shall this bill pass, and ought the same to receive the sanction of 
the people?" 

The Legislature may at any time, after the approval of such law 
by the people, if no debt shall have been contracted in pursuance 
thereof, repeal the same; and may at any time, by law, forbid the 
contracting of any further debt or liability under such law; but 
the tax imposed by such act, in proportion to the debt and liability 
which may have been contracted, in pursuance of such law, shall 
remain in force and be irrepealable, and be annually collected, until 
the proceeds thereof shall have made the provision hereinbefore 
specified to pay and discharge the interest and principal of such debt 
and liability. The money arising from any loan or stock creating 
such debt or liability shall be applied to the work or object specified 
in the act authorizing such debt or liability, or for the payment of 
such debt or liability, and for no other purpose whatever. No such 
law shall be submitted to be voted on within three months after its 
passage or at any general election when any other law, or any bill, 
shall be submitted to be voted for or against. The Legislature 
may provide for the issue of bonds of the State to run for a period 
not exceeding fifty years in lieu of bonds heretofore authorized but 
not issued and shall impose and provide for the collection of a direct 
annual tax for the payment of the same as hereinbefore required. 
When any sinking fund created under this section shall equal in 
amount the debt for which it was created, no further direct tax shall 
be levied on account of said sinking fund, and the Legislature sh^ll 
reduce the tax to an amount equal to the accruing interest on such 






THE CONSTITUTION. 181 

debt. 1 The Legislature may from time to time alter the rate of 
interest to be paid upon any State debt, which has been or may be 
authorized pursuant to the provisions of this section, or upon any 
part of such debt, provided, however, that the rate of interest shall 
not be altered upon any part of such debt or upon any bond or 
other evidence thereof, which has been, or shall be created or issued 
before such alteration. In case the Legislature increase the rate of 
interest upon any such debt, or part thereof, it shall impose and pro- 
vide for the collection of a direct annual tax to pay and sufficient to 
pay the increased or altered interest on such debt as it falls due and 
also to pay and discharge the principal of such debt within fifty 
years from the time of the contracting thereof, and shall appropri- 
ate annually to the sinking fund moneys in amount sufficient to pay 
such interest and pay and discharge the principal of such debt 
when it shall become due and payable. 2 

Sec. 5. The sinking funds provided for the payment of interest 
and the extinguishment of the principal of the debts of the State 
shall be separately kept and safely invested, and neither of them 
shall be appropriated or used in any manner other than for the 
specific purpose for which it shall have been provided. 

CLAIMS. 

Sec. 6. Neither the Legislature, Canal Board, nor any person or 
persons acting in behalf of the State, shall audit, allow, or pay any 
claim which, as between citizens of the State, would be barred 
by lapse of time. This provision, shall not be construed to repeal 
any statute fixing the time within which claims shall be presented 
or allowed, nor shall it extend to any claims duly presented within 
the time allowed by law, and prosecuted with due diligence from the 
time of such presentment. But if the claimant shall be under legal 
disability, the claim may be presented within two years after such 
disability is removed. 

■ FOREST PRESERVE. 

Sec. 7. The lands of the State, now owned or hereafter acquired, 
constituting the forest preserve as now fixed by law, shall be for- 
ever kept as wild forest lands. They shall not be leased, sold or 
exchanged, or be taken by any corporation, public or private, nor 
shall the timber thereon be sold, removed or destroyed. 

1 As amended November 7, 1005; in effect January 1, 1906. 
*As amended November 2, ioog; in effect January i, 1910. 



182 THE GOVERNMENT OF NEW YORK. 

Sec. 8. The Legislature shall not sell, lease or otherwise dispose 
of the Erie canal, the Oswego canal, the Champlain canal, the Ca- 
yuga and Seneca canal, or the Black River canal; but they shall 
remain the property of the State and under its management forever. 
The prohibition of lease, sale or other disposition herein contained, 
shall not apply to the canal known as the Main and Hamburg street 
canal, situated in the city of Buffalo, and which extends easterly 
from the westerly line of Main street to the westerly line of Ham- 
burg street. All funds that may be derived from any lease, sale or 
other disposition of any canal shall be applied to the improvement, 
superintendence or repair of the remaining portion of the canals. 

MAINTENANCE OF CANALS. 

Sec. 9. No tolls shall hereafter be imposed on persons or prop- 
erty transported on the canals, but all boats navigating the canals, 
and the owners and masters thereof, shall be subject to such laws 
and regulations as have been or may hereafter be enacted concern- 
ing the navigation of the canals. The Legislature shall annually, by 
equitable taxes, make provision for the expenses of the superintend- 
ence and repairs of the canals. All contracts for work or materials 
on any canal shall be made with the persons who shall offer to do or 
provide the same at the lowest price, with adequate security for 
their performance. No extra compensation shall be made to any 
contractor; but if, from any unforeseen cause, the terms of any 
contract shall prove to be unjust and oppressive, the Canal Board 
may, upon the application of the contractor, cancel such contract. 

IMPROVEMENT OF CANALS. 

Sec. 10. The canals may be improved in such manner as the Leg- 
islature shall provide by law. A debt may be authorized for that 
purpose in the mode prescribed by section four of this article, or the 
cost of such improvement may be defrayed by the appropriation of 
funds from the State treasury, or by equitable annual tax. 

ARTICLE VIII. 

CORPORATIONS, HOW CREATED. 

Section i. Corporations may be formed under general laws; but 
shall not be created by special act, except for municipal purposes, 
and in cases where, in the judgment of the Legislature, the objects 
of the corporation cannot be attained under general laws. All gen- 
eral laws and special acts passed pursuant to this section may be 
altered from time to time or repealed. 



THE CONSTITUTION. 183 

DEBTS OF CORPORATIONS. 

Sec. 2. Dues from corporations shall be secured by such indi- 
vidual liability of the corporators and other means as may be 
prescribed by law. 

"corporations" defined. 

Sec. 3. The term corporations as used in this article shall be con- 
strued to include all associations and joint-stock companies having 
any of the powers or privileges of corporations not possessed by in- 
dividuals or partnerships. And all corporations shall have the right 
to sue and shall be subject to be sued in all courts in like cases as 
natural persons. 

Sec. 4. The Legislature shall, by general law, conform all char- 
ters of savings banks, or institutions for savings, to a uniformity of 
powers, rights and liabilities, and all charters hereafter granted for 
such corporations shall be made to conform to such general law, and 
to such amendments as may be made thereto. And no such cor- 
poration shall have any capital stock, nor shall the trustees thereof, 
or any of them, have any interest whatever, direct or indirect, in 
the profits of such corporation; and no director or trustee of any 
such bank or institution shall be interested in any loan or use of any 
money or property of such bank or institution for savings. The 
Legislature shall have no power to pass any act granting any special 
charter for banking purposes; but corporations or associations may 
be formed for such purposes under general laws. 

SPECIE PAYMENTS. 

Sec. 5. The Legislature shall have no power to pass any law sanc- 
tioning in any manner, directly or indirectly, the suspension of specie 
payments by any person, association or corporation, issuing bank 
notes of any description. 

REGISTRY OF BILLS OR NOTES. 

Sec. 6. The Legislature shall provide by law for the registry of 
all bills or notes, issued or put in circulation as money, and shall 
require ample security for the redemption of the same in specie. 

INDIVIDUAL RESPONSIBILITY OF STOCKHOLDERS. 

Sec. 7. The stockholders of every corporation and joint-stock 
association for banking purposes, shall be individually responsible 



1 84 THE GOVERNMENT OF NEW YORK. 

to the amount of their respective share or shares of stock in any 
such corporation or association, for all its debts and liabilities of 
every kind. 

INSOLVENCY OF BANKS, PREFERENCE. 

Sec. 8. In case of the insolvency of any bank or banking asso- 
ciation, the billholders thereof shall be entitled to preference in pay- 
ment, over all other creditors of such bank or association. 

CREDIT OR MONEY OF THE STATE NOT TO BE GIVEN OR LOANED. 

Sec. 9. Neither the credit nor the money of the State shall be 
given or loaned to or in aid of any association, corporation or pri- 
vate undertaking. This section shall not, however, prevent the 
Legislature from making such provision for the education and sup- 
port of the blind, the deaf and dumb, and juvenile delinquents, as 
to it may seem proper. Nor shall it apply to any fund or property 
now held, or which may hereafter be held, by the State for educa- 
tional purposes. 

LIMITATION OF INDEBTEDNESS OF COUNTIES, CITIES, TOWNS, AND 
VILLAGES; EXCEPTION AS TO THE CITY OF NEW YORK. 

Sec. 10. No county, city, town or village shall hereafter give any 
money or property, or loan its money or credit to or in aid of any 
individual, association or corporation, or become directly or indi- 
rectly the owner of stock in, or bonds of, any association or cor- 
poration; nor shall any such county, city, town or village be allowed 
to incur any indebtedness except for county, city, town or village 
purposes. This section shall not prevent such county, city, town or 
village from making such provision for the aid or support of its 
poor as may be authorized by law. No county or city shall be 
allowed to become indebted for any purpose or in any manner to 
an amount which, including existing indebtedness, shall exceed 
ten per centum of the assessed valuation of the real estate of such 
county or city subject to taxation, as it appeared by the assessment 
rolls of said county or city on the last assessment for State or 
county taxes prior to the incurring of such indebtedness; and all 
indebtedness in excess of such limitation, except such as now may 
exist, shall be absolutely void, except as herein otherwise provided. 
No county or city whose present indebtedness exceeds ten per 
centum of the assessed valuation of its real estate subject to tax- 
ation, shall be allowed to become indebted in any further amount 
until such indebtedness shall be reduced within such limit. This 



THE CONSTITUTION. 185 

section shall not be construed to prevent the issuing of certificates 
of indebtedness or revenue bonds issued in anticipation of the col- 
lection of taxes for amounts actually contained, or to be contained, 
in the taxes for the year when such certificates or revenue bonds 
are issued and payable out of such taxes; nor to prevent the city of 
New York from issuing bonds to be redeemed out of the tax levy for 
the year next succeeding the year of their issue, provided that the 
amount of such bonds which may be issued in any one year in 
excess of the limitations herein contained, shall not exceed one-tenth 
of one per centum of the assessed valuation of the real estate of the 
said city subject to taxation. Nor shall this section be construed 
to prevent the issue of bonds to provide for the supply of water; 
but the term of the bonds issued to provide the supply of water, in 
excess of the limitation of the indebtedness fixed herein, shall not 
exceed twenty years and a sinking fund shall be created on the 
issuing of the said bonds for their redemption, by raising annually 
a sum which will produce an amount equal to the sum of the prin- 
cipal and interest of said bonds at their maturity. All certificates 
of indebtedness or revenue bonds issued in anticipation of the col- 
lection of taxes, which are not retired within five years after their 
date of issue, and bonds issued to provide for the supply of water, 
and any debt hereafter incurred by any portion or part of a city, 
if there shall be any such debt, shall be included in ascertaining the 
power of the city to become otherwise indebted; except that debts 
incurred by the city of New York after the first day of January, 
nineteen hundred and four, and debts incurred by any city of the 
second class after the first day of January, nineteen hundred and 
eight, and debts incurred by any city of the third class after the first 
day of January, nineteen hundred and ten, to provide for water 
shall not be so included; and except further that any debt hereafter 
incurred by the city of New York for a public improvement owned 
or to be owned by the city, which yields to the city current net 
revenue, after making any necessary allowance for repairs and 
maintenance for which the city is liable, in excess of the interest 
on said debt and of the annual instalments necessary for its amorti- 
zation may be excluded in ascertaining the power of said city to 
become otherwise indebted, provided that a sinking fund for its 
amortization shall have been established and maintained and that 
the indebtedness shall not be so excluded during any period of time 
when the revenue aforesaid shall not be sufficient to equal the said 
interest and amortization instalments, and except further that any 



186 THE GOVERNMENT OF NEW YORK. 

indebtedness heretofore incurred by the city of New York for any 
rapid transit or dock investment may be so excluded proportionately 
to the extent to which the current net revenue received by said 
city therefrom shall meet the interest and amortization instalments 
thereof, provided that any increase in the debt incurring power of 
the city of New York which shall result from the exclusion of debts 
heretofore incurred shall be available only for the acquisition or 
construction of properties to be used for rapid transit or dock pur- 
poses. The Legislature shall prescribe the method by which and the 
terms and conditions under which the amount of any debt to be so 
excluded shall be determined, and no such debt shall be excluded 
except in accordance with the determination so prescribed. The 
Legislature may in its discretion confer appropriate jurisdiction on 
the Appellate Division of the Supreme Court in the first judicial 
department for the purpose of determining the amount of any debt 
to be so excluded. No indebtedness of a city valid at the time of 
its inception shall thereafter become invalid by reason of the oper- 
ation of any of the provisions of this sectton. Whenever the boun- 
daries of any city are the same as those of a county, or when any city 
shall include within its boundaries more than one county, the power 
of any county wholly included within such city to become in- 
debted shall cease, but the debt of the county heretofore existing 
shall, for the purpose of this section, not be reckoned as a part of the 
city debt. The amount hereafter to be raised by tax for county or 
city purposes, in any county containing a city of over one hundred 
thousand inhabitants, or any such city of this State, in addition to 
providing for the principal and interest of existing debt, shall not 
in the aggregate exceed in any one year two per centum of the 
assessed valuation of the real and personal estate of such county or 
city, to be ascertained as prescribed in this section in respect to 
county or city debt. 1 



STATE BOARD OF CHARITIES. 

Sec. ii. The Legislature shall provide for a State Board of 
Charities, which shall visit and inspect all institutions, whether 
State, county, municipal, incorporated or not incorporated, which 
are of a charitable, eleemosynary, correctional or reformatory char- 
acter, excepting only such institutions as are hereby made subject 
to the visitation and inspection of either of the commissions here- 

1 As amended on several occasions from 1899 to 1910. 



THE CONSTITUTION. 187 

inafter mentioned, but including all reformatories except those in 
which adult males convicted of felony shall be confined; a State 
Commission in Lunacy, which shall visit and inspect all institutions, 
either public or private, used for the care and treatment of the 
insane (not including institutions for epileptics or idiots) ; a State 
Commission of Prisons which shall visit and inspect all institutions 
used for the detention of sane adults charged with or convicted 
of crime, or detained as witnesses or debtors. 

Sec. 12. The members of the said board and of the said com- 
missions shall be appointed by the Governor, by and with the advice 
and consent of the Senate; and any member may be removed from 
office by the Governor for cause, an opportunity having been given 
him to be heard in his defense. 



INSPECTION OF INSTITUTIONS. 

Sec. 13. Existing laws relating to institutions referred to in the 
foregoing sections and to their supervision and inspection, in so 
far as such laws are not inconsistent with the provisions of the 
Constitution, shall remain in force until amended or repealed by 
the Legislature. The visitation and inspection herein provided 
for shall not be exclusive of other visitation and inspection now 
authorized by law. 



MAINTENANCE OF CHARITABLE INSTITUTIONS. 

Sec. 14. Nothing in this Constitution contained shall prevent the 
Legislature from making such provision for the education and sup- 
port of the blind, the deaf and dumb, and juvenile delinquents, as 
to it may seem proper; or prevent any county, city, town or village 
from providing for the care, support, maintenance and secular edu- 
cation, of inmates of orphan asylums, homes for dependent children 
or correctional institutions, whether under public or private control. 
Payments by counties, cities, towns and villages to charitable, elee- 
mosynary, correctional and reformatory institutions, wholly or 
partly under private control, for care, support and maintenance, 
may be authorized, but shall not be required by the Legislature. 
No such payments shall be made for any inmate of such institu- 
tions who is not received and retained therein pursuant to rules 
established by the State Board of Charities. Such rules shall be 
subject to the control of the Legislature by general laws. 



1 88 THE GOVERNMENT OF NEW YORK. 



COMMISSIONERS — TERMS OF OFFICE, ETC. 

Sec. 15. Commissioners of the State Board of Charities and Com- 
missioners of the State Commission in Lunacy, now holding office 
shall be continued in office for the term for which they were ap- 
pointed respectively, unless the Legislature shall otherwise provide. 
The Legislature may confer upon the commissions and upon the 
board mentioned in the foregoing sections any additional powers 
that are not inconsistent with other provisions of the Constitution. 

ARTICLE IX. 

PROVISION FOR MAINTENANCE OF FREE SCHOOLS. 

Section i . The Legislature shall provide for the maintenance and 
support of a system of free common schools, wherein all the chil- 
dren of this State may be educated. 

UNIVERSITY OF THE STATE OF NEW YORK. 

Sec. 2. The corporation created in the year one thousand seven 
hundred and eighty-four, under the name of The Regents of the 
University of the State of New York, is hereby continued under 
the name of the University of the State of New York. It shall 
be governed and its corporate powers, which may be increased, 
modified or diminished by the Legislature, shall be exercised, by 
not less than nine regents. 

COMMON-SCHOOL LITERATURE AND UNITED STATES DEPOSIT FUNDS. 

Sec. 3. The capital of the common-school fund, the capital of 
the literature fund, and the capital of the United States deposit 
fund, shall be respectively preserved inviolate. The revenue of 
the said common-school fund shall be applied to the support of 
common schools; the revenue of the said literature fund shall be 
applied to the support of academies; and the sum of twenty-five 
thousand dollars of the revenues of the United States deposit fund 
shall each year be appropriated to and made part of the capital of 
the said common-school fund. 

PROPERTY, CREDIT OR PUBLIC MONEY NOT TO BE USED. 

Sec. 4. Neither the State, nor any subdivision thereof, shall use 
its property or credit or any public money, or authorize or permit 
either to be used, directly or indirectly, in aid or maintenance, other 



THE CONSTITUTION. 189 

than for examination or inspection, of any school or institution of 
learning wholly or in part under the control or direction of any 
religious denomination, or in which any denominational tenet or 
doctrine is taught. 

ARTICLE X. 

GOVERNOR MAY REMOVE CERTAIN OFFICERS. 

Section i. Sheriffs, clerks of counties, district attorneys, and 
registers in counties having registers, shall be chosen by the electors 
of the respective counties, once in every three years and as often 
as vacancies shall happen, except in the counties of New York and 
Kings, and in counties whose boundaries are the same as those of 
a city, where such officers shall be chosen by the electors once in 
every two or four years as the Legislature shall direct. Sheriffs 
shall hold no other office, and be ineligible for the next term after 
the termination of their offices. They may be required by law to 
renew their security, from time to time; and in default of giving 
such new security, their offices shall be deemed vacant. But the 
county shall never be made responsible for the acts of the sheriff. 
The Governor may remove any officer, in this section mentioned, 
within the term for which he shall have been elected; giving to 
such officer a copy of the charges against him, and an opportunity 
of being heard in his defense. 

Sec. 2. All county officers, whose election or appointment is not 
provided for by this Constitution, shall be elected by the electors 
of the respective counties or appointed by the boards of supervisors, 
or other county authorities, as the Legislature shall direct. Ail 
city, town and village officers, whose election or appointment is not 
provided for by this Constitution, shall be elected by the electors 
of such cities, towns and villages, or of some division thereof, or 
appointed by such authorities thereof, as the Legislature shall 
designate for that purpose. All other officers, whose election or 
appointment is not provided for by this Constitution, and all officers, 
whose offices may hereafter be created by law, shall be elected by 
the people, or appointed, as the Legislature may direct. 

DURATION OF OFFICE. 

Sec. 3. When the duration of any office is not provided by this 
Constitution, it may be declared by law, and if not so declared, such 



190 THE GOVERNMENT OF NEW YORK. 

office shall be held during the pleasure of the authority making the 
appointment. 

TIME OF ELECTION. 

Sec. 4. The time of electing all officers named in this article shall 
be prescribed by law. 

VACANCIES IN OFFICE. 

Sec. 5. The Legislature shall provide for filling vacancies in 
office, and in case of elective officers, no person appointed to fill a 
vacancy shall hold his office by virtue of such appointment longer 
than the commencement of the political year next succeeding the 
first annual election after the happening of the vacancy. 

POLITICAL YEAR. 

Sec. 6. The political year and legislative term shall begin on the 
first day of January; and the Legislature shall, every year, assem- 
ble on the first Wednesday in January. 

REMOVALS FROM OFFICE. 

Sec. 7. Provision shall be made by law for the removal for mis- 
conduct or malversation in office of all officers, except judicial, 
whose powers and duties are not local or legislative and who shall 
be elected at general elections, and also for supplying vacancies 
created by such removal. 

WHEN OFFICE DEEMED VACANT. 

Sec. 8. The Legislature may declare the cases in which any office 
shall be deemed vacant when no provision is made for that pur- 
pose in this Constitution. 

COMPENSATION OF CERTAIN OFFICERS. 

Sec. 9. No officer whose salary is fixed by the Constitution shall 
receive any additional compensation. Each of the other State 
officers named in the Constitution shall, during his continuance in 
office, receive a compensation, to be fixed by law, which shall not 
be increased or diminished during the term for which he shall 
have been elected or appointed; nor shall he receive to his use any 
fees or perquisites of office or other compensation. 



THE CONSTITUTION. 191 



ARTICLE XI. 

MILITIA. 

Section i. All able-bodied male citizens between the ages of 
eighteen and forty-five years, who are residents of the State, shall 
constitute the militia, subject, however, to such exemptions as are 
now, or may be hereafter created by the laws of the United States, 
or by the Legislature of this State. 



PROVISION FOR ENLISTMENT. 

Sec. 2. The Legislature may provide for the enlistment into the 
active force of such other persons as may make application to be 
so enlisted. 

ORGANIZATION AND MAINTENANCE OF MILITIA. 

Sec. 3. The militia shall be organized and divided into such land 
and navai, and active and reserve forces, as the Legislature may 
deem proper, provided, however, that there shall be maintained at 
all times a force of not less than ten thousand enlisted men, fully 
uniformed, armed, equipped, disciplined and ready for active service. 
And it shall be the duty of the Legislature at each session to make 
sufficient appropriations for the maintenance thereof. 

OFFICERS TO BE APPOINTED BY THE GOVERNOR. 

Sec. 4. The Governor shall appoint the chiefs of the several staff 
departments, his aides-de-camp and military secretary, all of whom 
shall hold office during his pleasure, their commissions to expire 
with the term for which the Governor shall have been elected; he 
shall also nominate, and with the consent of the Senate appoint, 
all major-generals. 

COMMISSIONED AND NON-COMMISSIONED OFFICERS, HOW CHOSEN. 

Sec. 5. All other commissioned and non-commissioned officers 
shall be chosen or appointed in such manner as the Legislature may 
■deem most conducive to the improvement of the militia, provided, 
however, that no law shall be passed changing the existing mode 
of election and appointment unless two-thirds of the members pres- 
ent in each house shall concur therein. 



192 THE GOVERNMENT OF NEW YORK. 

OFFICERS, HOW COMMISSIONED. 

Sec. 6. The commissioned officers shall be commissioned by the 
Governor as commander-in-chief. No commissioned officer shall 
be removed from office during the term for which he shall have 
been appointed or elected, unless by the Senate on the recom- 
mendation of the Governor, stating the grounds on which such 
removal is recommended, or by the sentence of a court-martial, or 
upon the findings of an examining board organized pursuant to 
law, or for absence without leave for a period of six months or more. 

ARTICLE XII. 

ORGANIZATION OF CITIES AND VILLAGES. 

Section i. It shall be the duty of the Legislature to provide for 
the organization of cities and incorporated villages, and to restrict 
their power of taxation, assessment, borrowing money, contracting 
debts, and loaning their credit, so as to prevent abuses in assess- 
ments and in contracting debt by such municipal corporations; and 
the Legislature may regulate and fix the wages or salaries, the hours 
of work or labor, and make provision for the protection, welfare 
and safety of persons employed by the State or by any county, city, 
town, village or other civil division of the State, or by any contractor 
or subcontractor performing work, labor or services for the State, 
or for any county, city, town, village or other civil division thereof. 1 

CLASSIFICATION OF CITIES, ETC. 

Sec. 2. All cities are classified according to the latest State 
enumeration, as from time to time made, as follows: The first class 
includes all cities having a population of one hundred and seventy- 
five thousand or more; the second class, all cities having a popula- 
tion of fifty thousand and less than one hundred and seventy-five 
thousand; the third class, all other cities. Laws relating to the prop- 
erty, affairs of government of cities, and the several departments 
thereof, are divided into general and special city laws ; general city 
laws are those which relate to all the cities of one or more classes; 
special city laws are those which relate to a single city, or to less 
than all the cities of a class. Special city laws shall not be passed 
except in conformity with the provisions of this section. After any 
bill for a special city law, relating to a city, has been passed by 
both branches of the Legislature, the house in which it originated 

1 As amended November 7, 1005; in effect January 1, igo6. 



THE CONSTITUTION. 193 

shall immediately transmit a certified copy thereof to the mayor 
of such city, and within fifteen days thereafter the mayor shall 
return such bill to the house from which it was sent, or if the ses- 
sion of the Legislature at which such bill was passed has terminated, 
to the Governor, with the mayor's certificate thereon, stating 
whether the city has or has not accepted the same. 

In every city of the first class, the mayor, and in every other 
city, the mayor and the legislative body thereof concurrently, shall 
act for such city as to such bill; but the Legislature may provide 
for the concurrence of the legislative body in cities of the first 
class. The Legislature shall provide for a public notice and oppor- 
tunity for a public hearing concerning any such bill in every city 
to which it relates, before action thereon. Such a bill, if it relates 
to more than one city, shall be transmitted to the mayor of each 
city to which it relates, and shall not be deemed accepted unless 
accepted as herein provided, by every such city. Whenever any 
such bill is accepted as herein provided, it shall be subject as are 
other bills, to the action of the Governor. Whenever, during the 
session at which it was passed, any such bill is returned without 
the acceptance of the city or cities to which it relates, or within 
such fifteen days is not returned, it may nevertheless again be 
passed by both branches of the Legislature, and it shall then be 
subject as are other bills, to the action of the Governor. In every 
special city law which has been accepted by the city or cities to 
which it relates, the title shall be followed by the words "accepted 
by the city," or "cities," as the case may be; in every such law 
which is passed without such acceptance, by the words "passed 
without the acceptance of the city," or "cities," as the case may be. 1 

ELECTIONS, HOW HELD. 

Sec. 3. All elections of city officers, including supervisors and 
judicial officers of inferior local courts, elected in any city or part 
of a city, and of county officers elected in the counties of New York 
and Kings, and in all counties whose boundaries are the same as 
those of a city, except to fill vacancies, shall be held on the Tues- 
day succeeding the first Monday in November in an odd-numbered 
year, and the term of every such officer shall expire at the end of 
an odd-numbered year. The terms of office of all such officers 
elected before the first day of January, one thousand eight hundred 
and ninety-five, whose successors have not then been elected, which 

*As amended November 5, 1907; in effect January i, 1008. 



194 THE GOVERNMENT OF NEW YORK. 

under existing laws would expire with an even-numbered year, or 
in an odd-numbered year and before the end thereof, are extended 
to and including the last day of December next following the time 
when such terms would otherwise expire; the terms of office of 
all such officers, which under existing laws would expire in an even- 
numbered year, and before the end thereof, are abridged so as to 
expire at the end of the preceding year. This section shall not apply 
to any city of the third class, or to elections of any judicial officer, 
except judges and justices of inferior local courts. 



ARTICLE XIII. 

OATH OF OFFICE. 

Section i . Members of the Legislature, and all officers, executive 
and judicial, except such inferior officers as shall be by law exempted, 
shall, before they enter on the duties of their respective offices, take 
and subscribe the following oath or affirmation: "I do solemnly 
swear (or affirm) that I will support the Constitution of the United 
States, and the Constitution of the State of New York, and that I 

will faithfully discharge the duties of the office of , according 

to the best of my ability"; and all such officers who shall have been 
chosen at any election shall, before they enter on -the duties of their 
respective offices, take and subscribe the oath or affirmation above 
prescribed, together with the following addition thereto, as part 
thereof: 

"And I do further solemnly swear (or affirm) that I have not 
directly or indirectly paid, offered or promised to pay, contribute, 
or offered or promised to contribute any money or other valuable 
thing as a consideration or reward for the giving or withholding 
a vote at the election at which I was elected to said office, and have 
not made any promise to influence the giving or withholding any 
such vote," and no other oath, declaration or test shall be required 
as a qualification for any office of public trust. 



BRIBERY AND CORRUPTION. 

Sec. 2. Any person holding office under the laws of this State, 
who, except in payment of his legal salary, fees or perquisites, shall 
receive or consent to receive, directly or indirectly, any thing of 



THE CONSTITUTION. 195 

value or of personal advantage, or the promise thereof, for perform- 
ing or omitting to perform any official act, or with the express or 
implied understanding that his official action or omission to act is 
to be in any degree influenced thereby, shall be deemed guilty of 
a felony. This section shall not affect the validity of any existing 
statute in relation to the offense of bribery. 



OFFER OF BRIBERY A FELONY. 

Sec. 3. Any person who shall offer or promise a bribe to an 
officer, if it shall be received, shall be deemed guilty of a felony 
and liable to punishment, except as herein provided. No person 
offering a bribe shall, upon any prosecution of the officer for receiv- 
ing such bribe, be privileged from testifying in relation thereto, 
and he shall not be liable to civil or criminal prosecution therefor, 
if he shall testify to the giving or offering of such a bribe. Any 
person who shall offer or promise a bribe, if it be rejected by the 
officer to whom it was tendered, shall be deemed guilty of an attempt 
to bribe, which is hereby declared to be a felony. 



witness. 

Sec. 4. Any person charged with receiving a bribe, or with offer- 
ing or promising a bribe, shall be permitted to testify in his own 
behalf in any civil or criminal prosecution therefor. 



FREE PASSES OR TRANSPORTATION, A MISDEMEANOR. 

Sec. 5. No public officer, or person elected or appointed to a 
public office, under the laws of this State, shall directly or indirectly 
ask, demand, accept, receive or consent to receive for his own use 
or benefit, or for the use or benefit of another, any free pass, free 
transportation, franking privilege or discrimination in passenger, 
telegraph or telephone rates, from any person or corporation, or 
make use of the same himself or in conjunction with another. A 
person who violates any provision of this section, shall be deemed 
guilty of a misdemeanor, and shall forfeit his office at the suit of 
the Attorney-General. Any corporation, or officer or agent thereof, 
who shall offer or promise to a public officer, or person elected or 
appointed to a public office, any such free pass, free transportation, 
franking privilege or discrimination, shall also be deemed guilty 



196 THE GOVERNMENT OF NEW YORK. 

of a misdemeanor and liable to punishment except as herein pro- 
vided. No person, or officer or agent of a corporation giving any 
such free pass, free transportation, franking privilege or discrim- 
ination hereby prohibited, shall be privileged from testifying in 
relation thereto, and he shall not be liable to civil or criminal prose- 
cution therefor if he shall testify to the giving of the same. 

REMOVAL OF DISTRICT ATTORNEY. 

Sec. 6. Any district attorney who shall fail faithfully to prose- 
cute a person charged with the violation in his county of any pro- 
vision of this article which may come to his knowledge, shall be 
removed from office by the Governor, after due notice and an oppor- 
tunity of being heard in his defense. The expenses which shall be 
incurred by any county, in investigating and prosecuting any charge 
of bribery or attempting to bribe any person holding office under 
the laws of this State, within such county, or of receiving bribes 
by any such person in said county, shall be a charge against the 
State, and their payment by the State shall be provided for by law. 



ARTICLE XIV. 

AMENDMENTS. 

Section i. Any amendment or amendments to this Constitution 
may be proposed in the Senate and Assembly; and if the same shall 
be agreed to by a majority of the members elected to each of the 
two houses, such proposed amendment or amendments shall be 
entered on their journals, with the yeas and nays taken thereon, 
and referred to the Legislature to be chosen at the next general 
election of senators, and shall be published for three months previous 
to the time of making such choice; and if in the Legislature so 
next chosen, as aforesaid, such proposed amendment or amend- 
ments shall be agreed to by a majority of all the members elected 
to each house, then it shall be the duty of the Legislature to submit 
such proposed amendment or amendments to the people for ap- 
proval in such manner and at such times as the Legislature shall 
prescribe; and if the people shall approve and ratify such amend- 
ment or amendments by a majority of the electors voting thereon, 
such amendment or amendments shall become a part of the Con- 
stitution from and after the first day of January next after such 
approval. 



THE CONSTITUTION. 197 



CONSTITUTIONAL CONVENTION. 

Sec. 2. At the general election to be held in the year one thousand 
nine hundred and sixteen, and every twentieth year thereafter, and 
also at such times as the Legislature may by law provide, the ques- 
tion: "Shall there be a convention to revise the Constitution and 
amend the same?" shall be decided by the electors of the State; 
and in case a majority of the electors voting thereon shall decide 
in favor of a convention for such purpose, the electors of every 
senate district of the State, as then organized, shall elect three 
delegates at the next ensuing general election at which members of 
the Assembly shall be chosen, and the electors of the State voting 
at the same election shall elect fifteen delegates-at-large. The dele- 
gates so elected shall convene at the capitol on the first Tuesday 
of April next ensuing after their election, and shall continue their 
session until the business of such convention shall have been com- 
pleted. Every delegate shall receive for his services the same 
compensation and the same mileage as shall then be annually pay- 
able to the members of the Assembly. A majority of the conven- 
tion shall constitute a quorum for the transaction of business, and 
no amendment to the Constitution shall be submitted for approval 
to the electors as hereinafter provided, unless by the assent of a 
majority of all the delegates elected to the convention, the yeas and 
nays being entered on the journal to be kept. The convention shall 
have the power to appoint such officers, employees and assistants 
as it may deem necessary, and fix their compensation and to pro- 
vide for the printing of its documents, journal and proceedings. 
The convention shall determine the rules of its own proceedings, 
choose its own officers, and be the judge of the election, returns and 
qualifications of its members. In case of a vacancy, by death, 
resignation or other cause, of any district delegate elected to the 
convention, such vacancy shall be filled by a vote of the remaining 
delegates representing the district in which such vacancy occurs. If 
such vacancy occurs in the office of a delegate-at-large, such vacancy 
shall be filled by a vote of the remaining delegates-at-large. Any 
proposed constitution or constitutional amendment which shall have 
been adopted by such convention, shall be submitted to a vote of 
the electors of the State at the time and in the manner provided by 
such convention, at an election which shall be held not less than 
six weeks after the adjournment of such convention. Upon the 
approval of such constitution or constitutional amendments, in the 



198 THE GOVERNMENT OF NEW YORK. 

manner provided in the last preceding section, such constitution or 
constitutional amendment shall go into effect on the first day of 
January next after such approval. 

CONSTITUTIONAL AMENDMENTS TO SUPERSEDE AMENDMENTS BY 
LEGISLATURE. 

Sec. 3. Any amendment proposed by a constitutional convention 
relating to the same subject as an amendment proposed by the Leg- 
islature, coincidentally submitted to the people for approval at the 
general election held in the year one thousand eight hundred and 
ninety-four, or at any subsequent election, shall, if approved, be 
deemed to supersede the amendment so proposed by the Legislature. 



ARTICLE XV. 

Section i. This Constitution shall be in force from and including 
the first day of January, one thousand eight hundred and ninety- 
five, except as herein otherwise provided. 

Done in Convention at the Capitol in the city of Albany, the 
twenty-ninth day of September, in the year one thousand 
eight hundred and ninety-four, and of the Independence 
of the United States of America the one hundred and 
nineteenth. 

In witness whereof, we have hereunto subscribed our 
names. 

JOSEPH HODGES CHOATE, 

President and Delegate-at -Large. 

CHARLES ELLIOTT FITCH, 

Secretary. 



INDEX, 



Amendments, 140. 
Appeals, 58. 
Appointments, 35-36. 
Arraignment, 55. 
Arrest, 53. 
Assembly, 14. 
Assessments, no. 
Attorney-General, 34. 

Bail, 53- 
Ballot, 94. 
Bills, 21. 

Board of Claims, 46. 
Board of Regents, State, 129. 
Boss in politics, 102. 
Budget, State, 120. 
Buffalo, City of, 78; legislative, 
executive, 79; judicial, 80. 

Campaign funds, 99. 

Canvass, 97. 

Challenges, in trials, 56; in election 

Cities of the second class, 80. 

City charters, 72-73. 

City schools, 133. 

City tax, 113. 

Civil cases, 51, 58. 

Collection of taxes, 113. 

Commissioner of Education, State, 

130. 
Committee system, 27. 
Complaint, 52, 53. 
Comptroller, State, 34, 120. 



Compulsory education, 134. 

Conventions, political, 91; constitu- 
tional, 141. 

Coroners' courts, 45. 

County officials, 64-65. 

County tax, 112. 

County, the, 64. 

Court of Appeals, 41. 

Claims, Board of, 46. 

Courts, 40 Jf. 

Criminal cases, 51. 

Criticism of city governments, 80; 
evils, 81; remedies, 82. 

Debts, State, 122, 123. 
Delegations to conventions, 92. 
78; Direct primary, 89, 102. 

District Superintendents of Schools, 

132. 
Divisions of State, 63. 

97. Education, chap. 13. 
Election districts, 95. 
Election frauds, 99. 
Elections, chap. 10. 
Engineer and Surveyor, State, 34. 
Equalization of assessments, in. 
Examinations, of prisoners, 53; in 
129, schools, 134. 

Executive, chap. 5. 
Expenditures, State, 121. 

Finances, State, chap. 12. 
199 



200 



INDEX. 



Governor, duties of, 33; powers of, 

33; veto, 38. 
Grand jury, 54. 

Impeachment, 41. 

Independent nominations, 93, 105. 

Initiative, 106. 

Judges, 46-48. 
Judiciary, chap. 6. 
Jury, 55. 

Jury system, defects of, 59; advan- 
tages of, 60; necessity of reform, 61. 
Justices of the Peace, 44. 

Laws, how made, 27-28; general and 
special, 72. 

"Law's delay," 48. 

Legislature, chap. 3-4; financial re- 
strictions, 122. 

Lieutenant-Governor, ^^. 

Lobby, 28. 

Local government, chap. 8; character 
and faults of, 68-69. 

Machine in politics, 102. 
Money-power in politics, 104. 

National conventions, 91. 

Newspapers, influence of, 84. 

New York City, 74; legislative, 75; 

executive, 76; financial, 77; judicial, 

77; boroughs of, 78. 
Nominations, 88 Jf., 93, 100. 
Normal schools, 133. 

Party system, good and evils of, 103. 

Plea, 55. 

Political parties, 87; organization of, 

88. 
Politics in schools, 137. 



Primaries, 89, 92, 101. 
Private schools, 135. 
Privileges of election, 87. 
Procedure, rules of court, 51; compli- 
cations in, 59. 

Recall, 106. 
Referendum, 106. 
Revenues, State, 119. 
Rights, 7-10. 

School directors, 132. 
School districts, 131, 132. 
School meetings, 131. 
School trustees, 131. 
Secretary of State, 34. 
Senate, 13. 

Sinking Fund, State, 123. 
Special Schools, 134. 
State tax, 112. 
Supreme Court, 42. 
Surrogates' courts, 44. 

Taxation, local, chap. 11. 

Tax rates, difference in, 114. 

Teachers' licenses, 134. 

Town, 65. 

Town tax, 112. 

Treasurer, State, 34, 120. - 

Trial, steps in, 56. 

Undervaluation, 115. 
University of State, 129. 

Veto, 19, 38, 75. 
Village, 66-67. 
Village tax, 113. 

Voters, qualifications of, 10-11; edu- 
cation of, 105. 
Voting, process. 96-97. 






GOVERNMENT IN 
STATE AND NATION 






GOVERNMENT IN 
STATE AND NATION 



BY 

J. A. JAMES, Ph.D. 

PROFESSOR OF HISTORY IN NORTHWESTERN UNIVERSITY 



A. H. SANFORD, M.A. 

PROFESSOR OF HISTORY AND GOVERNMENT, STATE NORMAL SCHOOL 
LA CROSSE, WISCONSIN 



REVISED EDITION 



NEW YORK 

CHARLES SCRIBNER'S SONS 

1£12 



Copyright. 1901, 1911, by 
CHARLES SCRIBNER'S SONS 




PEEPACE 

The subject-matter herewith presented partially rep- 
resents the plan pursued by the authors as teachers of civil 
government for a number of years in secondary schools. 
A study of the actual methods by which the affairs of gov- 
ernment are conducted gives constant interest to the work, 
and consequently the practical side has been emphasized. 
Many problems besides those presented in the supplement- 
ary questions may be worked out from the official re- 
ports. 

Scarcely a month passes without the appearance in the 
more noted magazines of articles on phases of govern- 
mental activity which have permanent value. No attempt 
has been made to give references to all of this material which 
has appeared during the past ten years. The ability of 
the reader has been kept constantly in mind and the inten- 
tion has been to refer only to such articles as would be of 
value to students in high schools, academies, and normal 
schools. 

We are under especial obligation to teachers who have 
used the first edition of the book for their helpful sugges- 
tions on desirable modifications. 



CONTENTS 

PAGE 

Preface, . . v 

Some Suggestions to Teachers, xi 

Introductory Chapter, xiii 

PART I 
LOCAL GOVERNMENT 

CHAPTER PAGE 

I. — Town and County Government, 1 

II. — State Governments, 9 

III. — State Governments (Continued), 18 

IV. — City Government, 26 

V. — Elections and Party Government, 43 

VI. — Public Finances, . . . 54 

VII.— Judicial Trials, 62 

VIII. — Charitable and Penal Institutions, .... 70 

IX. — Educational Systems, 78 

X. — The Exercise of the Police Poy\~er, .... 85 

XI. — Labor Legislation, 93 

vii 



viii CONTENTS 

PART II 
THE NATIONAL GOVERNMENT 

CHAPTER PAGE 

XII. — Steps Leading to Union, , . 97 

XIII. — The Constitutional Convention, 106 

XIV. — Organization of the Legislative Department, 121 

XV. — Powers and Duties of the Separate Houses, 138 

I. Impeachment, 138 

II. The Quorum, Journal, and Freedom of 

Speech, 140 

XVI. — Procedure in Congress, . . . . v . . . 145 

XVII.— National Finances, 162 

XVIII. — The Power of Congress over Commerce, . .174 

XIX. — Money of the United States, 181 

I. Metal Money or Coin, 181 

II. Paper Money, . 184 

XX. — Other General Powers of Congress, . . .191 

I. Power of Naturalization, 191 

II. The Postal System of the United States, . .193 

III. Copyrights and Patents, 196 

IV. Piracies and Felonies,, '. . 199 

V. Military Powers of Congress, 199 

VI. Location of the Capital, 203 

VII. Implied Powers, 204 



CONTENTS ix 

CHAPTER PAGE 

XXL — Powers Denied the United States and the 

Several States, 208 

XXII. — The Executive Department, 213 

XXIII. — The Election of a President, 222 

XXIV. — Powers and Duties of the President, . . 233 

XXV. — The Cabinet and the Executive Depart- 
ments, 244 

XXVI.— The Judiciary, 261 

XXVII. — Relations between the States and between 

Federal Government and the States, 271 

XXVIII. — Territories and Public Lands, 274 

XXIX. — Amendments to the Constitution, .... 288 

XXX. — The Relations of States and Nation, . . 296 

XXXI. — Some Features of International Law and 

Arbitration, 301 

APPENDICES 

PAGE 

A. — Constitution of the United States of America, 308 
B. — Articles of Confederation, ......... 324 

C— Reference Books, 333 

INDEX, 337 



SOME SUGGESTIONS TO TEACHERS 

We trust the following observations may be of value to 
teachers in the use of this book, and at the same time an- 
swer certain questions which we are assured will arise. 

1. There are but few questions given on the subject- 
matter of the text, for each teacher will doubtless prefer to 
present the topics in his own way. While some of the dis- 
cussions and many of the suggestive questions are intended 
to make students realize more completely their duties as 
citizens, many more having a local bearing will occur to 
teachers. "Topical outlines" are omitted, for by the aid 
of the marginal topics students will be able to make out- 
lines for themselves which will be of vastly greater inter- 
est and value. 

2. All teachers may not care to use the parts of the book 
in the same order, and the arrangement is such that either 
Local (Part I) or National Government (Part II) may be 
studied first. In the work on local government, it is not 
expected that the student will learn all of the different prac- 
tices found in the various States, but that he will compare 
them with those of his own State. 

3. There are more supplementary questions and refer- 
ences, doubtless, than can be used by any one class, but 
this will give the teacher an opportunity for selection. A 
number of the references may be used each day by assign- 
ing special problems to individual students. 

4. It is scarcely to be hoped that all the books and mag- 
azines mentioned will be found in any high-school library, 
but the need for supplementary reading is being met 



xii SOME SUGGESTIONS TO TEACHERS 

through the rapid increase of public libraries. Great care 
has been taken in selecting the books which are given in 
Appendix C, and by adding a few of these each year a work- 
ing library on the subject of Civics may soon be secured. 
Many of the reports issued by the government may be read- 
ily obtained by applying to your Congressman or to the 
government officials. 

5. Some teachers may have difficulty in securing the pe- 
riodical literature. In nearly every village there are per- 
sons who have subscribed for these magazines for a number 
of years and would be willing to present them to the school 
library. 



INTRODUCTORY CHAPTER 

NEED OF GOVERNMENT 

The control of our actions by some kind of government 
precedes our earliest recollections ; this we have constantly 
experienced in the family and in school. Wherever men 
live in communities they are under political government; 
their relations with one another must be regulated by well- 
understood rules in order that they may live and conduct 
business in security. By means of political government, 
also, communities find it convenient to increase the com- 
forts of life, as in the building of good roads and streets; 
they furnish themselves with the means of education and 
culture through schools and libraries. For such purposes 
the government of town, village, and city is of the first im- 
portance. But business and political relations exist among 
communities, as well as among individuals. Consequently, 
our local governments must be supplemented by organiza- 
tions that cover larger areas and include many communi- 
ties; therefore the county and State governments are 
formed. For the same reasons, and also for reasons of 
which we learn in the study of United States history, a gov- 
ernment for the United States became a necessity at the 
very beginning of our National life. 

In these various political organizations the plan of gov- 
ernment is the same. In the first place, there is always the 
law-making body, prescribing the regulations to which men 
must subject themselves if they are to live together in har- 
mony. Again, because laws do not enforce themselves, 



xiv INTRODUCTORY CHAPTER 

officers are selected to see that these provisions are carried 
out. Finally, since men frequently disagree as to the 
meaning of laws, and because there are always those who 
wilfully violate them in order to secure some personal ad- 
vantage, courts are established in which the laws are in- 
terpreted and offenders are judged. We have, then, the 
three departments of government — legislative, executive, 
and judicial. 

The system of local government to which you are ac- 
customed did not grow up spontaneously, nor was it es- 
tablished arbitrarily. There are reasons to be found in 
history and in the nature of the environment which explain 
many of its details. The same may be said of our State 
and National systems. In consequence, we shall find it 
advantageous to trace briefly some historical origins of 
government in our country. Again, it is evident that no 
system of human government is perfect. In every com- 
munity the defects of laws and their non-enforcement are 
familiar topics of discussion, while the failures of State and 
National governments at certain points are no less con- 
spicuous. These are the problems to which our attention 
will be directed in the course of our study. 

For the most part, however, it will be our task to study 
government as it now exists in town and city, State and 
Nation. We shall look backward into history only when 
this is necessary for the understanding of our present forms 
and practices. We shall look forward to the solution of a 
few of the simpler problems that now confront us. A study 
of the deeper origins and of the more profound problems 
must be postponed to the years of advanced work in col- 
lege. 



PART I 
LOCAL GOVERNMENT 



CHAPTER I 
TOWN AND COUNTY GOVERNMENT 

When, in the seventeenth century, Englishmen made The origin 
settlements along the Atlantic coast, some form of local govem- 
government became an immediate necessity. They 
adopted consequently the political usages to which they 
had been accustomed at home, selecting those offices and 
forms of procedure that seemed best adapted to their needs 
and surroundings. Because natural conditions and the 
ideas of the settlers varied considerably in the different col- 
onies, we find several varieties of local government grow- 
ing up. But since these local governments were all es- 
tablished by Englishmen, and, moreover, by Englishmen 
of very similar habits and social grades, we find, on the 
whole, great similarity in their fundamental features. 

The most marked differences are seen in a comparison NewEng- 
of local governments in New England and in Virginia, ditions. " 
The settlers of New England found themselves upon a 
coast indented by many bays and harbors; the country 
was hilly and the soil stony; streams were abundant but 
generally small, rapid, and unfit for navigation; the sea 
abounded in fish and the forests yielded excellent timber. 
These physical conditions hindered the rapid spread of 
population over large areas and offered many inducements 

1 



TOWN AND COUNTY GOVERNMENT 



The town 
type: 
meetings, 
officers, 
and func- 
tions. 



Origin of 
Virginia 
local gov- 
ernment. 



for the gathering of the inhabitants into towns. More- 
over, this tendency was in accord with the wishes of the 
Puritans. They desired, above everything, to foster the 
religious life of the little church communities into which 
they grouped themselves. They believed that all settlers 
should take an active part in worship and in the govern- 
ment of the church, and that consequently all should live 
within a short distance of the meeting-house. 

Under these circumstances the New Englanders put into 
practice those features of the ancient English township 
government that were best suited for governing their little 
towns. Once a year, or of tener, the voters assembled in town 
meeting to elect officers and to engage in general discussion 
of town affairs. Here taxes were levied, and the support of 
the poor, the maintenance of highways, church, and school 
were provided for. The officers of the town were the se- 
lectmen, a board having general oversight of town affairs, 
the treasurer, clerk, constables, school committee, assessors, 
fence-viewers, and frequently many others. The remark- 
able features of New England town government were the 
freedom with which all matters of public interest were dis- 
cussed in the town meeting, and the care with which all 
affairs of government were guarded by officers and people 
alike. Early in the history of the Massachusetts Bay Col- 
ony towns were grouped into counties, and justices were 
appointed who held court in the towns of each county. 
Scarcely any but judicial matters were intrusted to the 
county government. The centre of political life in New 
England was the town, hence we have here the town or 
township type of local government. 

A very different type of local government was developed 
in Virginia. If we contrast the physical geography of this 
section with that of New England we see how every in- 
ducement favored the scattering of population and the de- 
velopment of great plantations. The influence of tobacco 



TOWN AND COUNTY GOVERNMENT 3 

cultivation and of slavery was in the same direction. Since 
the desire for individual gain prompted most of the settlers, 
there were no strong ties tending to bind the people into 
compact communities. There were scarcely any towns in 
Virginia. Consequently the settlers were driven to select 
those features of English local government that were best 
adapted to their sparse settlements. 

The local organization corresponding to the town of The vestry. 
New England was the parish. The vestry, a group of 
officers originally elected by the members of a church, was 
given control of matters relating to the church and the 
poor. Other functions of local government were placed The county 
in the hands of the county court, a body composed of jus- 
tices originally appointed by the governor of the colony. 
The county court administered justice, but it also had im- 
portant legislative functions, for it levied taxes for county 
purposes, maintained highways, and exercised general con- 
trol over such affairs of local government as were not in 
charge of the vestry. Its authority extended over the 
county, which was sometimes divided into two or more par- 
ishes. The other important county officers were the sheriff The county 
(who, besides being a court official, was county treasurer) ype * 
and the lieutenant, or commander of the militia. The 
original method of appointment in both vestry and county 
court was changed so that members came to be chosen in 
each case by the body itself. 

We may note three points of contrast between the two Contrasts 
systems of local government described above. (1) The the two 
principal functions of government (taxation, education, ypes * 
care of roads, public safety, etc.) were exercised in New 
England by the towns, and in Virginia by the counties. 

(2) In Virginia the conduct of local government was in 
the hands of a limited body of prominent men, while in 
New England the mass of voters participated more freely. 

(3) In New England the deputies sent to the colonial as- 



TOWN AND COUNTY GOVERNMENT 



The result 
of these 
differences. 



The town- 
ship-county 
type: 
location 
and di- 
vision of 
powers. 



The origin 
of local 
govern- 
ment in the 

West. 



sembly were selected from the towns, while the members 
of the Virginia assembly (the House of Burgesses) were 
sent from the counties. 

The New England type of local government gave the 
people much practical political education, while that of 
Virginia developed a class of intelligent, public-spirited 
leaders. These facts are of great consequence in colonial 
history, especially in that period when resistance to the 
English Government made Massachusetts and Virginia 
leaders in the Revolution. 

The middle Atlantic colonies present a medium in cli- 
mate, soil, and physical structure between the extremes of 
New England and Virginia. This is also true of the meth- 
ods of settlement and the occupations of the people. Sim- 
ilarly, the type of local government developed in these col- 
onies seems to be a compromise between the two types that 
we have been considering. It has been called the mixed or 
township-county system of local government. Like New 
England, the middle colonies had both townships and coun- 
ties, but there was a much more equal division of powers 
between these units. At the same time, the county was 
not so important as in Virginia. In New York the town- 
ship was more prominent than the county, while in Penn- 
sylvania county officers performed the most important 
functions. 

The colonial systems above described have been much 
modified. In New England it has been found convenient 
to enlarge the functions of the county and to diminish those 
of the town. In Virginia and throughout the South the 
township has become an increasingly important organiza- 
tion. Still, in each of these sections the system of local 
government now in use bears the stamp of its origin. 

In the Western States, the character of local government 
has been greatly influenced by the origin of the settlers. 
The general trend of population, as it moved westward 



TOWN AND COUNTY GOVERNMENT 5 

from the thirteen original States, was along parallels of 
latitude. Consequently, in the South we find the county 
type prevailing. Nowhere, however, does the pure town 
type exist, for the Northern States all have the mixed sys- 
tem. These States may be divided into two groups ac- 
cording as the town or the county is given more extensive 
functions. The States in the first group (Michigan, Illi- 
nois, and Wisconsin) have been influenced by the examples 
of New England and New York. In these States there 
is the annual town meeting of voters, where officers are 
elected and matters of town government are discussed. 
We have here the form of a pure democracy. A town The super- 
board has general charge of town affairs. This group of 
States is also distinguished by the nature of their county 
boards, which are composed of supervisors elected in the 
various towns, villages, and wards. This supervisor sys- 
tem of county government originated in New York, in 
colonial times. 

In the second group (Ohio, Indiana, Kansas, Missouri, The com- 
Nebraska, Colorado, Oregon, and California) the county form. 
is of more importance in local government. There is no 
town meeting. A town supervisor (or board of super- 
visors or trustees) exercises some powers that would be 
exercised by the town meetings in other States. But here 
the county board exercises more of such functions; it has 
extensive powers over the poor, health, highways, taxa- 
tion, etc. Unlike the county board in the other group of 
States, it is composed of members elected at large* or from 
districts of the county. They are few in number and are 
called commissioners. 

In all the Northern States there is a group of other town 
officers besides the supervisors — clerk, treasurer, assessor, 
constables, and various minor officers and boards. The 

* That is, each voter of the county may vote for the entire number of 
commissioners that are to be elected at any election. 



6 TOWN AND COUNTY GOVERNMENT 

county is the basis of court organization; so there is a 
judge, a sheriff, and a clerk of the court. Frequently 
we find several counties grouped into a district or circuit 
throughout which a single judge holds court sessions. 

In some cases taxes are collected by the sheriff, but gen- 
erally there is a county treasurer. Other county officers, 
most of whom are elected by the voters, are the superin- 
tendent of schools, the register of deeds, or recorder, the 
surveyor, and the coroner. 

Villages. As population becomes dense in certain localities, vil- 

lages and cities are organized. Village government is 
sometimes entirely distinct from town government; some- 
times it is united with the latter for general purposes, 
though sustaining its own officers for special purposes. In 
either case the governing body is a board with an executive 
head, generally called the president.* 

Cities. Cities have governments similar in general plan to those 

of villages; but there are more officers and their functions 
are more extensive. The conditions of city life give rise 
to new problems of government to which we shall give at- 
tention in a separate chapter. 

Such, in bare outline, is the organization of local gov- 
ernment in the States to-day. In the actual processes by 
which local government is carried on, towns, villages, and 
cities (or divisions of cities called wards) are regarded as di- 
visions of the county. Counties are themselves divisions 
of the State. Now, there are some activities of government 
in which the local units alone are concerned, as in the main- 
tenance of roads, streets, and bridges, and the care of the 
poor. But in many important matters the processes merely 
begin in the local units and are completed by the action of 
State officials. For example, taxation and election proc- 

* Various terms are in use. In Pennsylvania there is the borough with 
a burgess at its head. In Virginia the corresponding organization is the 
town, with a mayor as executive officer. 



TOWN AND COUNTY GOVERNMENT 7 

esses involve both local and State governments. The same 
is true, in many cases, of the administration of justice and 
the maintenance of school systems. Hence, it will be nec- 
essary to take a general view of State government before 
considering how these operations are carried on. 

Supplementary Questions and References 

1. The history of local government in the colonies: James 
and Sanford, American History, 92-98; Thwaites, The Colonies, 
55-58; Fisher, The Colonial Era, 60, 99, 167; Channing, The 
United States of America, 37-38; Wilson, The State, 449-458; 
Lodge, A Short History of the English Colonies, 48-59, 58-59, 
414-417; Hart, Formation of the Union, 11-13; Bryce, American 
Commonwealth, 589-593; Bancroft, History of the United States, 
I, 285-286, 449. 

2. For descriptions of local systems as they are at present, see 
Bryce, I, chapters 48 and 49; Wilson, The State, 524-538; Beard, 
American Government and Politics, 638-655. 

3. Make a study of a town: (1) With a map, as to its location, 
size and shape * Compare with other towns in the same county. 
(2) What officers has the town ? For what terms are they elected ? 
How are they paid? What general duties does each have? Is 
the town board a legislative or an executive body ? (3) Is there 
a town meeting ? If so, what business does it transact ? Did you 
ever attend one? 

4. Study the organization of a village government. In what 
respects does it differ from the town government? Why? 

5. What is the area and population of the county in which you 
live? What is the county seat? Have you visited the county 
buildings ? Who has charge of them ? 

6. How many townships are there in your county ? Estimate 
the total number of local officers. How many counties are there 
in your State ? Are they generally regular or irregular in shape ? 
Compare counties of other States. (See Atlas.) 

* In the West, the Congressional township, as determined by the United 
States Land Survey, frequently determines the boundaries of the town. 
See. pp. 280-282. 



8 TOWN AND COUNTY GOVERNMENT 

7. Make a list of your county officers, the length of term and 
salary of each. What are the principal duties of each ? 

8. Is the county board elected on the commisssioner plan or 
the supervisor plan ? 

9. To which type of local government does the system of your 
State most nearly conform ? Account for its origin. 



CHAPTER II . 
STATE GOVERNMENTS 

As town and county governments in the thirteen colo- The general 
nies were modelled upon ideas and practices derived from colonial 
England, so the central government of each colony took ments. 
form upon the plan of England's central government. And 
this plan may be seen to-day in the governments of our 
States and in that of the United States : all have the division 
into three departments — legislative, executive, and judicial 
— the legislature generally being composed of two branches. 
There were many variations among the colonies in the de- 
tails of government, but at the time of the Revolution there 
was one important point of likeness: viz., each had an 
elective representative assembly. Moreover, it had be- 
come established in practice that the assembly should leg- 
islate upon matters affecting the internal welfare of the 
colony, and especially that it should exercise the vital func- 
tion of levying taxes. Thus was erected in each colony 
the form of a free government, while the habit of self- 
government became established through the neglect of 
England to interfere seriously with the powers exercised 
by the colonial assemblies. 

We may further analyze colonial governments by classi- ciassifica- 
fying them upon the basis of the method by which the gov- colonies, 
ernor obtained his office. There were three forms: Re- 
publican, the people electing the governor (Connecticut 
and Rhode Island); Proprietary, the governor appointed 
by the proprietor (Maryland, Pennsylvania, and Delaware) ; 
Royal, the king appointing the governor (the eight remain- 
ing colonies). 

9 



10 



STATE GOVERNMENTS 



about. 



How state The Revolution transformed the colonies into States, the 

constitu- 
tion^ came new State governments being formed in 1776 and the next 

few years.* One of the first steps in this process was the 
formation of written constitutions. It was natural that 
these should be framed in the new States, because the 
colonial assemblies and officers had become accustomed 
to exercising their powers under the superior authority of 
their charters. So in each State a written constitution 
seemed necessary as a fundamental law, outlining the 
framework of State government. The constitution of a 
State, then, is its supreme law, so far as purely State au- 
thority is concerned. All laws must conform to its pro- 
visions; all officers take oaths to support it. It is the duty 
of the State judiciary to see that official acts stand in 
conformity with it. 



Origin of 
State con- 
stitutions. 



Constitu- 
tional 
conven- 
tions. 



The States admitted into the Union after the adoption of the 
Federal Constitution (1789) used that instrument as a model to 
some extent. But still greater was the influence of the old State 
constitutions upon the settlers from the East who were so rapidly- 
building the new commonwealths of the West. So, while the 
constitutions of all the present States show, by their great simi- 
larity, their common origin, there are variations that may be 
traced backward along lines of westward migration to their 
sources in the original States. 

State constitutions have generally been made in State conven- 
tions composed of delegates chosen for that purpose. In some 
States new constitutions have been made in this way to super- 
sede old ones. When an entirely new constitution has not been 
considered necessary, amendments have been adopted; these have 
been framed either by the State legislature or by a State con- 
vention. In most cases, whether in the adoption of a constitu- 
tion or of an amendment, a vote of the people is an important 
step in the process, f So it may be said that State constitutions 
proceed from the people. 

* James and Sanford, American History, 157, 158. Connecticut and 
Rhode Island continued their charters in force as constitutions. 

t This was not the case in the adoption of their constitutions by the 
thirteen original States (except Massachusetts); nor in the adoption of 
new constitutions by South Carolina, Mississippi, and Louisiana. 



STATE GOVERNMENTS 11 

The contents of State constitutions may be grouped Analysis of 
under three heads. (1) The Bill of Rights, which is pat- constitu- 
terned after the earliest State constitutions and the first 
eight amendments to the Federal Constitution. By these 
provisions the fundamental civil rights of citizens are se- 
cured, such as the right of free petition and assemblage, 
fair trial by jury, exemption from unjust searches and 
seizures, freedom of religious worship, and freedom of 
speech and of the press. (2) The outline of the frame of 
government, showing the organization of the legislative, 
executive, and judicial departments, with general provi- 
sions as to their powers and the manner in which they 
are to be exercised. (3) Miscellaneous provisions. In 
recent years there is a marked tendency to increase the 
number of subjects treated in the State constitutions and 
to make more detailed regulations. Some new consti- 
tutions are of much greater length than the old ones, 
and are really general laws rather than mere frames of 
government. The purpose of these provisions is to limit 
the powers of the State legislatures. 

State constitutions confer all the law-making powers Legislative 
upon the legislatures. These bodies do not attempt to 
exercise all such powers, but delegate local authority to 
other legislative bodies in school districts, villages, towns, 
cities, and counties. The county board and the city 
council, for example, are legislative bodies, but they de- 
rive all their powers from general or special laws framed 
by the State legislature. 

State legislatures are invariablv composed of two houses Organiza- 

° . tionof 

— the Senate and the House of Representatives or Assem- state 

legisla- 

bly. The first of these houses has a smaller number of tures. 
members than the second; the members have longer 
terms than in the lower house, and the qualifications for 
membership may be higher. Members of the legislature 
are chosen from districts, and the redisricting of a State 



12 



STATE GOVERNMENTS 



The com« 

mittee 

system. 



How laws 
are en- 
acted. 



Restric- 
tions upon 
legislat- 
ures. 



is made necessary at stated times by the shifting of popu- 
lation. This is done by an apportionment act. An es- 
pecially unfair apportionment is called a "gerrymander" 
(see pp. 134-135). 

In all but a few States the sessions of the legislature are 
biennial. Methods of procedure are quite similar in all 
legislatures. A proposed law is called a bill. When a bill 
is introduced in either house, the presiding officer (usually 
called the Speaker in the lower house, and the President 
in the upper) refers it to a committee. Standing com- 
mittees are appointed in both houses, to each of which 
bills upon a certain subject are referred. This arrange- 
ment facilitates business and gives opportunity for more 
full consideration of the bills. 

A committee has almost absolute power over the bills 
in its charge — to amend them, to substitute new bills in 
their places, or to keep them. They may take testimony 
and hear arguments upon the bills. When they report 
back a bill to the house, they recommend either its pas- 
sage or its defeat, and usually the house follows the recom- 
mendation. Only a few of the important bills are fully 
debated in either house. After passing one house a bill 
is taken to the other, where reference to a committee and 
other procedure follows as in the first house. A bill that 
passes both houses goes to the governor for his signature, 
when it becomes a law. He may, however, veto the bill; 
then it must pass each house again by a larger majority 
(usually two-thirds) if it is to be enacted into law. 

No State constitution attempts to give a list of the 
powers of the State legislature, but there is always a 
list of limitations upon its authority and upon the privi- 
leges of its members. These restrictions may be grouped 
under several heads. (1) They may limit the length of 
sessions and the method of paying members. (2) Special, 
local, and private legislation are prohibited upon certain 



STATE GOVERNMENTS 13 

subjects (such as city and corporation charters) and care- 
fully guarded upon others. (3) All financial legislation, 
such as taxation, and the borrowing and appropriation of 
money, must be enacted under close limitations. 

Besides the restrictions upon legislatures mentioned Theiegis- 
above, many other constitutional provisions and laws have lobby. 
been enacted having the same effect. (1) The practice of 
lobbying has been placed under strict control. Persons 
who attend sessions of a legislative body for the purpose 
of using influence looking toward the passage or defeat of 
certain bills are called lobbyists. Many good measures 
are made possible in this way; but most of the bad meas- 
ures are the result of successful lobbying. 

It is in this way that the agents of corporations and " special Corporate 
interests" have at times worked their will in legislatures. Es- govern- 61 
pecially when campaign contributions have been made by these ment - 
business interests (see pp. 51-52) they have demanded favorable 
legislation as a reward. Members of legislatures have been 
tempted by bribes or threatened with ruin. So privileges have 
been voted that were worth millions of dollars, to the entire 
neglect of public welfare. At times legislators have introduced 
bills that threatened to injure the business of a corporation, for 
the purpose of securing from it payment for defeating these 
very bills. This is called blackmail. Corporate influence in 
government is a power "for which our language contains no 
name. We know what aristocracy, autocracy, and democracy 
are; but we have no word to express government by moneyed 
corporations." 

(2) Other laws provide the severest penalties for bri- 
bery and blackmail in connection with the passage of laws. 
(3) In some States the giving of passes by railroads has 
been prohibited, as tending to influence legislation. 

The enactment of the laws mentioned above indicates an what is 
increasing lack of confidence in legislatures. The people govem- 
Gannot entirely shift the blame for this condition upon 
their representatives, since, through elections, they can 



14 



STATE GOVERNMENTS 



Represent- 
ative gov- 
ernment. 



The Ref- 
erendum. 



The Initia- 
tive. 



Propor- 
tional rep- 
resenta- 
tion. 



themselves determine the character of their law-makers. 
We are accustomed to speak of our system as government 
"by the people"; but it is only in town and school- 
district meetings that all the voters assemble and legislate 
directly; and even these meetings do not exist in all sec- 
tions of the country. Generally, therefore, law-making 
is a function of representative bodies, which are the vil- 
lage and county boards, city councils, State legislatures, 
and the National Congress. Hence we have not a pure, 
but a representative democracy, or a republic. This will 
be "government by the people" only if our representa- 
tives reflect accurately the opinions of a majority of the 
people. 

One way of testing this question is through the "Ref- 
erendum." This consists of the requirement that when a 
certain number of citizens petition for it, a law must be 
submitted to the people for ratification or rejection. The 
idea of the referendum is in use in local governments when 
the people vote upon such questions as the issuing of 
bonds, the licensing of saloons, or the adoption of munici- 
pal ownership. But there is how a demand for its use 
with reference to any law passed by a legislature, upon the 
plan stated above. 

Another device intended to make legislatures repre 
sent the people more accurately is the "Initiative." If 
a certain per cent, of the total number of voters petition 
for a law, it must be considered by the legislature ; or, it 
may be placed before the people for acceptance or rejec- 
tion, without the intervention of the legislature. The 
adoption of the initiative and referendum brings about 
"direct legislation" in the matters to which they refer. 

By "Proportional Representation" is meant the dis- 
tribution of the members in a legislative body among the 
political parties in the same proportions as the voters are 
distributed. Frequently, one party has a number of repre- 



STATE GOVERNMENTS 15 

sentatives that is entirely out of proportion to its voting 
strength. This is because we elect representatives from 
districts. If the voters of two parties are quite evenly 
distributed throughout a State, one party may have a 
majority in so many districts that the voters of the other 
party will not be adequately represented. Numerous 
devices have been proposed to correct this matter, but 
none is in general use. 

It is interesting to think of forty-eight State legislatures The wide 
at work simultaneously upon the same general problems state laws. 
of public welfare. Their laws touch the interests of the 
people most directly; for we come into contact with the 
laws of the National government, passed by Congress, 
in comparatively few ways. But the most important 
business and social relations of life — buying and selling, 
holding, leasing, and inheriting property; the domestic 
relations of husband and wife, parent and child; the 
regulations necessary to make the people secure in health 
and comfort — all these fall within the sphere of State gov- 
ernment. "Space would fail in which to enumerate the 
particular items of this vast range of power. To detail its 
parts would be to catalogue all social and business rela- 
tionships, to set forth all the foundations of law and 
order." 

Now, there are two aspects in which we may regard this Diversity 
mass of State laws. (1) Each State may fit its laws to formityof 
peculiar local conditions. This is one of the admirable 
features of our system of government. (2) But too much 
diversity is an evil. There are some subjects upon which 
greater uniformity is desirable, especially in matters of 
business law. This is because an increasing number of 
business men and corporations have interests in more 
than one State. Numerous State legislatures have enacted 
uniform codes covering certain branches of commercial 
law. 



16 STATE GOVERNMENTS 



Supplementary Questions and References 

1. James and Sanford, American History. Origin of the As- 
sembly in Virginia, 45; in Maryland, 47-48; in Plymouth, 53; 
in Massachusetts, 56-58; in Connecticut, 61-62; in Carolinas, 
78; in Pennsylvania, 81. General discussion of colonial govern- 
ments, 133-134; 136-138. 

2. For fuller information concerning colonial governments, 
see Fisher, Colonial Era, 208-211; Sloane, French War and 
Revolution, 10-12; Thwaites, Colonies, 58-63, 192-193, 271- 
277; Hart, Formation of the Union, 5-10, 13-17, 80-81; Fiske, 
Critical Period, 65-69; Channing, United States of America, 
26-36, 84-85; Wilson, The State, 458-469. 

3. Did colonial governors have the veto power? Hart, 9. 
What was the governor's power over sessions of the colonial 
legislature ? Thwaites, 59. What were the relations of colonial 
legislatures to royal governors? Fisher, 209-210. 

4. Were any State constitutions formed before July 4, 1776? 
Channing, 84-85. How long did Connecticut and Rhode Island 
keep their charters as constitutions? Why was this? Chan- 
ning, 36. 

5. What is the history of the framing of your State consti- 
tution ? Were the framers influenced by the example of another 
State? Compare the Declaration of Rights with Amendments 
I-VIII of the U. S. Constitution. Why should these provisions 
be included in both State and National constitutions ? 

6. From your State constitution and legislative manual get 
facts concerning the State legislature — its composition, sessions, 
officers, etc. Why have two houses in the legislature? Do you 
think members of the legislature should be required to live in 
the districts they represent? 

7. What are the rules governing apportionments in your State? 
Was the last apportionment fairly made ? 

8. What is the process by which laws are enacted? Can you 
give reasons for the existence of the committee system ? 

9. In what ways does the constitution place limitations upon 
the State legislature ? Give reasons for each of these limitations. 



STATE GOVERNMENTS 17 

Do they indicate popular distrust of the legislators ? If so, for 
what reasons ? Who is responsible for this condition ? 

10. For general discussions of State constitutions and govern- 
ments see Bryce, I, chapters 36, 37, 38, 40; Beard, American 
Government and Politics, 445-452. 

11. State legislatures are discussed in Bryce, I, chapter 40; 
Beard, chapter 25; Atl. Mo., 94 : 72&-739. 

12. Direct Legislation, the Initiative and Referendum, Wil- 
son, The State, 310-312, 326-327, 488-490; Bryce, I, chapter 
39; Beard, 461-469; Arena, 35 : 507-511; 36 : 52-54 600-603; 
38:288-295; 39:131-141; Atl. Mo., 97:792-796; Indept., 
57 : 1277-1278; 64 : 1191-1195. 

13. Popular Government in Oregon, N. Am. Rev., 184 : 69- 
74; Indept., 68 : 1374-1378. 

14. The Corruption of Government by Corporations, Arena, 
30 : 55-68; Bribery, Its Cause and Cure, Indept., 55 : 829-832 

15. The Belgian System of Proportional Representation, 
Arena, 50 : 591-597. 

16. A Lobbyist for the People, World's Work, 15 : 9599-9601; 
Corporations and the Public, Outlook, 85 : 71-77; Justice to 
Corporations, ibid., 88 : 118-120; Punishing Corporations,!^., 
88 : 862-867. 









CHAPTER III 

STATE GOVERNMENTS (Continued) 
Executive We have seen (p. 9) that the powers of State governments 

department i , . , . 

of the tall under three great departments — legislative, executive, 

and judicial. In the preceding chapter the legislative 
function was discussed. The execution of the laws of a 
State is vested in (1) local officers; these, besides execut- 
ing the laws of towns and cities, also carry out the pro- 
visions of general State laws upon such subjects as elec- 
tions, taxation, and the trial of cases in courts. (2) There 
are also State executive officers — the governor, secretary 
of state, attorney-general, treasurer, and numerous others. 
Besides these, there are often boards and commissions. 
In most States there is a lieutenant-governor who is the 
presiding officer of the State Senate, but who otherwise 
has few duties to perform. Like the governor, he is 
elected by the people for a term varying in length from 
one to four years. 
Duties The powers and duties of the governor may be stated 

governor, under several heads. (1) He reports to the legislature 
upon the condition of the State, and recommends legis- 
lation. (2) He has power to convene the legislature in 
special session. (3) In nearly all States a bill must have 
his signature before it becomes a law. He may delay or 
defeat its passage by his veto. (4) The power of pardon- 
ing, or of lessening the punishment of criminals, is gener- 
ally vested in the governor. In a few States pardon 
boards have been created, either possessing this power 
or sharing it with the governor. (5) He appoints some 
minor State officers and frequently the members of boards 

18 



STATE GOVERNMENTS 19 

and commissions. Confirmation by the Senate is some- 
times required in these appointments. The governor him- 
self is often a member ex-officio (that is, by virtue of his 
office) of these boards. 

Besides these specific duties, constitutions require the Executing 
governor to see that the laws are faithfully executed. 
Under this power the governor supervises the work of 
such State officers as are subordinate to him; and he has 
power also to punish by removal some of the local officers, 
such as mayors and sheriffs, when he considers that they 
have not performed their duties. If, however, the authori- 
ties of any locality are unable, because of riot or other 
public disorder, to carry on the ordinary operations of 
government, they may appeal to the governor to assist 
them in the execution of law. This he does by means of The 
the State militia, of which he is commander-in-chief. The 
presence of a military force may enable the civil officers to 
restore order, or the commanding officers of the militia 
may temporarily supersede the civil authorities. 

In some States the number of State executive officers, Adminis- 
besides the governor and lieutenant-governor, is so large officera. 
that these, with the various boards and commissions, are 
grouped together into the administrative department. 
The secretary of state keeps public records, including 
official acts of the governor and acts of the legislature. 
The State treasurer keeps the money of the State. The 
attorney-general gives legal advice to State officers, and is 
lawyer for the State in certain cases. The superintendent 
of schools, or board of education, administers State laws 
regulating schools, teachers, and school money. The au- 
ditor or comptroller has duties in connection with State 
finances. No money can be paid out of the treasury 
without his order. 

Other officers or boards control the charitable and 
oenal institutions of the State, and supervise the execu- 



20 STATE GOVERNMENTS 

Boards tion of the law upon certain subjects, such as health, 

and com- .. . . . . 

missions. railroads, labor, insurance companies, agriculture, mines, 
public works. It is customary, also, to have boards of 
examiners who issue certificates to persons competent to 
practise medicine, law, pharmacy, or dentistry. Diplo- 
mas of graduation from professional schools of good repu- 
tation are accepted as equivalent to these certificates. 

How the The protection and welfare of citizens depend in no slight 

Fare is W6 " degree upon the administration of law by these officers. By 
guarded. their action, abuses in a county jail or poorhouse may be cor- 
rected; an unsound insurance company may be compelled to 
withdraw from the State; factory hands may secure safe and 
comfortable rooms in which to work; a contagious disease may 
be checked; local officers may be compelled to furnish better- 
school facilities or teachers. Even the pleasure of citizens is 
frequently provided for through fish commissioners, who plant 
fish in the rivers, and park boards, who preserve forests and 
streams from injury. 

We have now seen that law-making in the State is 
primarily a function of the legislature, and that much 
authority to legislate upon local affairs is given to town, 
village, and county boards and to city councils. We have 
seen also that these laws are enforced by local officers 
and by the State officers whose duties have just been dis- 
cussed. The third department of State and local govern- 
ment is the judiciary. In each State of the Union there 
is a complete system of courts for interpreting and apply- 
ing local and State laws. 

At the head of the judicial system there is a supreme 
court, or court of appeals, to which cases may be taken 
from lower courts for final decision. The highest court 
is usually composed of several judges, and its jurisdiction 
covers the entire State. It may either confirm or reverse 
the decisions of lower courts, or it may order a new trial 
of a case. At the bottom of the judicial system there 



STATE GOVERNMENTS 21 

are justice courts for hearing cases of minor importance Judicial 

. . . . , .„ . -r pi systems of 

arising m the town, village, or city. Justices ol the peace the states. 
preside over these courts.* Between the highest and the 
lowest courts there is always one and sometimes there are 
two or three grades of courts. Each is given jurisdiction 
within a certain district and over a certain class of cases. 
Each possesses, in addition, the right to review and con- 
trol the proceedings and processes of lower courts. Fre- 
quently probate business, the settlement of the estates 
of deceased persons and related matters, is given to a 
separate court called the probate court. f In large cities 
a distinct series of courts becomes necessary. 

Important changes have come about since the estab- Popular 

i r> i • election 

lishment of the older State governments in the appoint- and short 
ment and tenure of judicial officers. At that time judges judges, 
were appointed by governors or elected by legislatures, 
and their terms were for life or during good behavior. 
With few exceptions judges are now elected by the peo- 
ple for comparatively short terms. Many writers con- 
demn this change, claiming that it has resulted in lower- 
ing the standard of ability and integrity among judges. 
It is said that popular elections make it possible for men 
of strong political following, not necessarily the ablest 
and most upright, to secure places upon the bench. • 
Others claim that appointment of judges and life tenure 
are undemocratic; that the present methods are neces- 
sary to secure complete popular government. The judi- 
cial, no less than the other branches of government, it is 
said, should be brought, through elections, into frequent 
contact with the popular will. 

Some general facts concerning State and local officers Frequent 
are worthy of brief notice. Popular election, rather than 
appointment, is the rule in local units and for the most 

* In cities the terms "police courts" and "police justices" are used. 
t In New York this is the Surrogate's Court. 



22 STATE GOVERNMENTS 

important State offices. Hence we have frequent elec- 
tions and a corresponding opportunity for popular in- 
terest in and control of local affairs. 
Two classes The number of State and local officers elected in this 
country is much larger than elsewhere. These officers 
may be classified under two heads: (1) Those whose 
duty it is to determine the policy of government; that is, 
to decide what is wise and beneficial for the public. Such 
officers are governors, mayors, members of legislative 
bodies, and judges. (2) There are many officers whose 
duties are quite exactly prescribed by law and who do not, 
therefore, exercise much or any discretion in the per- 
formance of them. Examples under this head are secre- 
taries, clerks, registers, treasurers, surveyors, auditors, at- 
torneys for governments, engineers, and police officers. 
It is contended that only the first group of officers should 
be elected; that those of the second group should be ap- 
pointed by the others and held responsible to them. 

The short The adoption of this idea would bring about the "short 

ballot. ballot" reform which is urged by the following arguments: 1. 

Many of the minor officers now elected do not deserve, and as 
a matter of fact do not receive, public attention. 2. So large a 
number of candidates in an election confuses the voter, who 
cannot become acquainted with them. 3. These minor officers 
are not subordinate to the more important ones, as they would 
be if appointed, hence their acts are not under strict supervision. 
When it is urged that the "short ballot" is undemocratic it is 
replied that a democratic government is one that is responsive 
to popular control, regardless of the number of officers elected 
and appointed respectively.* 

All important officers are required to take oath (or af- 
firmation) to "support the Constitution of the United 

* See also p. 37. The only officers of the United States government 
who are elected are President, Vice-President, and members of Congress. 
" The long ballot with its variegated list of trivial offices is to be seen 
nowhere but in the United States. The English ballot never covers more 
than three offices, usually only one. In Canada the ballot is less com- 
monly limited to a single office, but the number is never large." 



STATE GOVERNMENTS 23 

States and the constitution of the State of Oaths, 

and faithfully to discharge the duties of the office of salaries. 
■ ." Officers who have considerable responsi- 



bility, and especially those in whose custody money is 
placed, are required to furnish bonds for the faithful 
performance of their duties. Compensation of officers is 
either by salary, by fees, or by a combination of both. 
The removal of State officers during their terms is gen- 
erally by process of impeachment. Appointed officers 
may be removed by the power appointing them, and in 
some cases local officers may be removed by the gov- 
ernor or by some other State or local officer. 

As we study the chapters that follow, it will be well 
to remember that the source of authority in local govern- The state 
ment is the State. The machinery of town, village, city, regulates 
and county governments is created by State law, which powers. 
endows them with all the powers they possess. At present 
there is a tendency toward the extension of State authority 
into local affairs by way of inspection and supervision, 
and even by complete State control. Matters formerly 
left to local governments entirely are being put under 
State regulation, either partially or completely. We shall 
find this true in the stricter supervision of public health 
by State officials; also in the control, now given to State 
boards and officers, over penal and charitable institutions. 
It is thought by some that State authority might be ex- 
tended with advantage to the building of roads and the should 
thorough supervision of school systems. The advantages tions be 
of State control are these: the most capable officers can 
be secured; the methods employed may be uniform 
throughout the State; and the best methods can be ex- 
tended to every section more rapidly than is possible when 
each local unit has the duty of investigating and adopting 
new methods for itself. 

But centralization of power meets strong opposition 



24 STATE GOVERNMENTS 

The benefit in most communities ; for the exercise of local powers by 
self-govern- local authorities is a fundamental principle deeply planted 

meat. . . , ' A . . . -n i ■ i 

m the minds ot American citizens, r rom this stand-point 
it is urged that the conduct of local government should 
be placed in the hands of officers who are directly respon- 
sible to the people most concerned. There results a de- 
gree of interest and of participation in local government 
that brings to the people much valuable education in poli- 
tics. This problem — the right distribution of powers be- 
tween State and local governments — is one that deserves 
attention from citizens who expect to participate in the 
governmental operations next described. 



Supplementary Questions and References. 

1. Write in parallel columns the titles, names, terms, and sal- 
aries of the executive and administrative officers of your State. 
Make a list of the executive boards and commissions. Indicate 
whether these officers are elected or appointed. 

2. Is the pardoning power wisely used in your State ? Has the 
governor had occasion to call out the State militia ? Why should 
the governor have the veto power? 

3. The workings of the executive department in all its branches 
may be studied from the reports of officers that are printed by 
the State. 

4. Are there in your State societies, semi-official in character, 
that receive financial aid from the State ? What is the purpose 
for which each society is organized ? 

5. Outline the judicial system of your State, giving the names 
of the courts, the composition, sessions, and jurisdiction of 
each. What are the terms and salaries of the judges? What 
are the names of the judicial officers in whom you are most 
interested ? 

6. Do you favor appointment or election of judges? Short 
terms or life tenure? See Bryce, I, 504-511. 

7. Is there a chancery court in your State? What matters 



STATE GOVERNMENTS 



25 



do chancery courts consider? What is included under the 
term "probate business"? 

S. Obtain blank forms for official oaths and bonds. 

9. Can you give instances of abuses arising from the fee sys- 
tem ? In what cases is this system best ? 

10. How are vacancies filled in the various offices? 

11. How would you proceed to bring about the removal of a 
certain officer for non-performance of his duties? 

12. In most States, the building and maintenance of roads is 
purely a local function. Is this work successfully performed? 
Should the States aid in making good roads ? Forum, 32 : 292- 
297. 

13. The short ballot, Outlook, 92 : 635-639; 780-781; 829- 
831; 971-972; 93 : 896-897. 

14. Compare local government in the United States with the 
system of France. Wilson, The State, 214-223. Which do 
you prefer? 

15. Make an outline of the three branches of government in 
your State on this plan: 



Government 


Legislative 


Executive 


Judicial 


State 

Countv 

Town" 









16. General accounts of State governments are found in Bryce, 
I, chapters 41, 42, 44, 45; Wilson, The State, 500-524; Beard, 
chapter 24. 



CHAPTER IV 

CITY GOVERNMENT 

The The crowding together of people in large cities is the 

large cities, result of new industrial conditions that have come about 
in America since the beginning of the nineteenth cen- 
tury. The immense increase in the use of machinery 
driven by steam and electric power has made possible the 
modern factory system. Manufacturing is no longer a 
home occupation; its great establishments gather about 
them the workmen whose numbers swell the city popu- 
lations. Improvements in transportation methods and 
means of communication have developed commerce, and 
thus enhanced the importance of the city, which is the 
centre of commerce. 
Conditions The mere presence of large numbers of inhabitants 
£fe? y within a limited area makes the conditions of human life 
in a city quite different from conditions in rural communi- 
ties. In the city we have the poor, the ignorant, and the 
vicious thickly populating wards adjacent to others where 
wealth and culture predominate. Contamination of air, 
water, and food threatens health on every side. Business 
life in a city is remarkable for the energy with which it is 
conducted, the enormous sums involved in its transac- 
tions, and the employment of workmen in great numbers. 
It is said that "in the jostling throngs of the city a care- 
less or vicious member of society has a hundredfold more 
opportunity to disturb the comfort and endanger the 
health and well-being of his fellows than in the country." 
Government must fit itself, both in the manner of its 
organization and in the execution of its functions, to these 

26 



CITY GOVERNMENT 27 

conditions. We see, then, the necessity of government City gov- , 
on a large scale, conducted by numerous officers, and in- compii- 
volving the raising and expenditure of vast sums of money. 
At the same time, we find the entrance of governmental 
regulation into the minute details of the citizen's life. 
We can hardly expect to have so much complicated politi- 
cal activity without correspondingly difficult problems. 

City governments in the United States are organized The 
upon the general plan of the division of powers among 
legislative, executive, and judicial branches. But the 
details of municipal organization and administration are 
so various that a general description is almost impos- 
sible. The framework of a city's government is pre- 
scribed in a special charter granted by the State legisla- 
ture, or in a general State law. In the latter case some 
uniformity is secured among cities of the same size in the 
same State. 

The city legislature is regarded as the most important The 
part of its government. It may be composed of one or 
of two houses. The members are uniformly elected, gen- 
erally from wards; where there are two houses, the mem- 
bers of the upper one may be elected from the city at 
large. In size, city councils vary greatly. The members 
are sometimes salaried, but more frequently they serve 
without pay. 

The chief executive is the mayor, who is elected to The 
office by the people. His term is most frequently one or mayor * 
two years, but the tendency is to make it longer. He 
sometimes presides over the meetings of the city council, 
and in most cities has the power to veto its ordinances. 
The executive and administrative powers of the mayor 
are much greater in some cities than in others. He is 
usually the head of the police department, and in this 
direction his authority is quite extensive. 

The judicial system of a city generally includes two 



28 



CITY GOVERNMENT 



The 
judiciary. 



Adminis- 
trative de- 
partments. 



How they 
are organ- 
ized and 
managed. 



kinds of courts: (1) the ordinary State courts (justice 
and district or superior courts); (2) special city or police 
courts. The jurisdiction of the latter is usually confined to 
minor cases. Juvenile courts exist in many cities . 

In a town or village government, the local board may 
have oversight at the same time of public health, chari- 
ties, streets, sidewalks, and lighting. But as population 
grows more dense, these public interests increase in ex- 
tent, complexity, and importance until it becomes neces- 
sary to make provision for the separate supervision of 
each one. Each of these subjects, then, will be assigned 
to an administrative department. These departments will 
be few in small cities, but numerous in large ones. 

There are several ways in which administrative depart- 
ments have been organized and managed. (1) In small 
cities, committees of the council undertake this work. 
(2) Separate boards or commissions composed of citizens 
not otherwise holding public offices may be the controlling 
bodies. Frequently such a commission or board will em- 
ploy an overseer to superintend work that is in progress 
under its direction. Both of these methods of controlling 
city departments have serious faults that will be mentioned 
later. (3) There is a tendency to place each department 
under a single head, and to have this officer appointed by 
the mayor. 

We have now reviewed the general plan of organization 
for the government of most American cities. How have 
our city governments worked ? On the whole, very poorly; 
indeed they have been regarded as the weakest part of our 
entire government system. But within recent years there 
have been encouraging signs of improvement. Some of 
the faults and failures of city government will now be 
considered and the remedies and steps in recent progress 
will be discussed. 

(1) One constant source of evil in our cities has been the 



CITY GOVERNMENT 29 

mingling of State and National politics on the one hand City officers 

with city affairs on the other. Men have been elected to upon the 

city offices upon the basis of National issues; voters have party 

adhered to party tickets, regardless of the issues involved 

in city problems, or of the merits of candidates. The 

result has been the election of inefficient or dishonest 

officials. These men, being elected by party machinery, 

have paid their political debts by appointing unfit men as 

their subordinates, and by otherwise turning the business 

of the city to the advantage of those through whose efforts 

they were elected. 

One remedy for this situation is the separation of city indepen- 
and National politics in municipal elections. This is diffi- 
cult to accomplish. But if candidates are still nominated 
by the regular parties, then independent voting will often 
secure the best available officers. There has been a 
marked tendency in recent years for voters to cast their 
ballots independently of party affiliations. Another rem- 
edy suggested is a reduction in the number of city officers 
elected — the "short ballot" principle (see p. 22). 

(2) Not only party politics, but personal greed has often Evil influ- 
dictated the selection of city officers. Men have secured dtygov- 
these positions by election or appointment when they saw 
opportunity for "graft" through the dishonest handling 
of public money. Or, when work was to be done for the 
city, these officers have been paid for using their influence 
in favor of contractors, who in turn make dishonest profits. 
Again, individuals and corporations wishing to secure 
privileges from city governments have spent money for 
the election of officers who would do their bidding. Such 
has been the practice of some who obtained franchises for 
street railways, lighting, and water supply plants. 

Shameful scandals have arisen in these ways when the 
mass of citizens, engrossed in their private affairs, have 
become indifferent to public business. Nothing but vigi- 



30 



CITY GOVERNMENT 



Lack of 
responsi- 
bility. 



The con- 
centration 
of all 
executive 
powers. 



Civil 

service 

reform. 



lance in the selection of officers and constant watchfulness 
in attention to municipal affairs will remedy the evils here 
mentioned. There are hopeful signs of progress in this 
direction in many cities of our country. 

(3) City governments may fail to work smoothly because 
of improper organization of city administrative depart- 
ments. When a committee or board is in control, there is 
difficulty in locating responsibility among its members; 
these are apt to shift the blame for bad management from 
one to another, and when responsibility rests upon several, 
no one feels its burden seriously. 

The remedy of placing each department under a single 
head is excellent in many cases. But if this head is ap- 
pointed by the mayor and confirmed by the council an- 
other difficulty arises; for neither of these authorities may 
be willing to assume responsibility for his conduct. Some 
authorities believe that the complete separation of admin- 
istrative departments (which really have executive busi- 
ness) from the legislative branch of the city government is 
the proper remedy: that the mayor should be given the 
entire appointing power and should then be held to com- 
plete responsibility for the conduct of the city's business. 
This is the plan of organization of most purely business 
enterprises, and its principle is being recognized in many 
city governments. 

Another step tending toward purity in the control of 
administrative departments is the adoption of the merit 
system for subordinate officers. These officers have merely 
routine duties, or those of a technical nature, and they 
should be selected upon the basis of examinations intended 
to test their fitness, and regardless of personal or political 
considerations. These officers should be retained during 
good behavior, instead of being turned out at each change 
in administration. Civil service reform, as it is called, 
tends to eliminate party politics from city government; it 



CITY GOVERNMENT 31 

should help to place public interests above private, and to 
make methods of municipal government more business- 
like. 

(4) Reference has alreadv been made to the opportunities Difficulties 

» .. , , , . P " rn in the exe- 

lor evil that the density 01 population m a great city otters, cutionof 
This condition is aggravated when the police department 
is inefficient, through lack of proper methods of selecting 
police officers; or when politics (either party or personal) 
has such influence that it interferes with the strict per- 
formance of their duties. Police officers sometimes ex- 
tort money from law-breakers under threats of arrest, 
and criminals are forced to pay for protection. These 
bad conditions are partly accounted for by the indifference 
of honest citizens who may know of their existence. 

(5) The administration of a city's finances tests, to the Financial 
utmost, the quality of its government. The revenues and 
expenses of many cities exceed those of the States in which 

they are situated.* The raising and expenditure of these 
vast sums of money without the taint of fraud is very 
difficult. (1) When money is raised by taxation, we shall Taxation, 
see in a later chapter how, by the undervaluation and 
concealment of property, many persons escape their just 
burdens. Such abuses are more difficult to detect in 
cities than in rural communities, where business is con- 
ducted with less privacy. 

(2) The expenditure of public funds gives opportunity Theexpen- 
for the wrong use of this money. The citizens generally P ubi 
do not understand, and do not watch carefully, the proc- 
esses by which their money is applied to the objects of 
city government. This is because expenditures are made 
in such a great variety of ways, and because the machinery 
of city government is complicated. The officers who are 

* In 1908 the 158 largest cities of the United States (those having 
30,000 population or more) spent a total of $450,000,000. The per capita 
expense of their governments was S16.81. 



money. 



32 



CITY GOVERNMENT 



responsible for the expenditure of money are frequently 
unknown to the tax-payer. These officers are more indif- 
ferent to the existence of abuses in connection with city 
finances, and the pressure of public opinion is much less 
direct than it is in rural communities. 

The table below shows the number of cities in the United States 
of more than 8,000 population for each census year, and the per- 
centage of the total population living in those cities. 





Number 
of cities 


Per cent. 

of total 

population 




Number 
of cities 


Per cent. 

of total 

population 


1790 


6 


3.35 


1860 


141 


16.13 


1800 


6 


3.97 


1870 


226 


20.93 


1810 


11 


4.93 


1880 


286 


22.57 


1820 


13 


4.93 


1890 


447 


29.20 


1830 


26 


6.72 


1900 


545 


33.10 


1840 


44 


8.52 


1910 






1850 


85 


12.49 









Why debts 
are con- 
tracted. 



The grant- 
ing of 
powers to 
cities. 



The question of finances is most serious in cities of rapid 
growth. For here the extension of streets and other public 
improvements offers opportunity for advertising the city 
and so building up its business as well as increasing the 
value of its real estate. Consequently, there is always 
excuse, and frequently necessity, for the contraction of 
debts, and the proposition to issue bonds is easily carried 
by popular vote. In most States, limits have been set, 
either by law or by the State constitution, upon the amount 
of debts that cities may contract. 

(6) Attention has been called to the fact that all local 
governments derive their powers from the State. The 
city is a political corporation created by an act of the leg- 
islature. Two evils have arisen at this point. (1) The 
powers granted have not been ample enough, so that cities 
have found themselves unable to do things that seemed 



CITY GOVERNMENT 33 

best for their welfare. (2) State legislatures have passed 
special laws granting particular cities their charters and 
have afterward legislated for these cities by special acts.* 
The corrective for this evil has been applied in a majority 
of States, where special legislation for cities is prohibited; 
cities must be organized and their powers must be denned 
by general laws. These laws apply uniformly to cities of 
the same class, as determined by their population. " Home 
rule" for cities, within the limits of these general laws, 
seems a reasonable demand. This demand will become The ques- 
more insistent as public opinion becomes better organized, home rule, 
and this will come as a result of increased attention paid 
by the mass of citizens to municipal affairs. This spirit 
of local self-government may even demand the right of 
the people to frame and adopt their own municipal char- 
ter; and this method of organizing a city, or of adopting 
a new charter, has been followed in some instances. 

(7) The problem of municipal franchises is one of the Natural _ 

i.«» i ~»""~i p » • • monopolies^ 

most dimcult in the government oi our American cities. 
It is generally recognized that because of the circumstances 
under which water, light, and transportation facilities are 
furnished, the industries that furnish these necessities tend 
to become monopolies. | Little or no competition between 
rival plants is possible. 

At one point these industries are different from other 

* New York City has suffered greatly from this evil. A recent writer 
says: " The city of New York is governed from the State capitol. Scores 
of laws are passed every year relating to matters of purely local interest 
and of minor importance. A bill for a park in a densely populated 
portion of the city is introduced at Albany, and perhaps passed with 
little regard as to whether the city or the people of the locality desire its 
enactment. . . . This mass of legislation, which flows into Albany from 
New York and from every other city, overburdens the State legislature. 
If every bill of local interest were thoroughly considered, nothing else 
could be accomplished, and the interests of the State would be neglected." 
—Municipal Affairs, IV, 452, Sept., 1900. 

t See Ely, Problems of to-day, chapters 18 and 19. 



34 



CITY GOVERNMENT 



The grant- 
ing and pro- 
visions of 
franchises. 



How pub- 
lic service 
interests 
influence 
city 
affairs. 



"Stock 
watering." 



enterprises: their operation involves the use of the city 
streets. Because the streets are public property, the right 
to construct and operate a plant is given in a franchise 
granted by the city council. A franchise is in the nature 
of a contract, the parties to which agree upon the obliga- 
tions assumed by each. An individual or a corporation 
obtaining a franchise agrees to furnish a certain quality 
of service. If this is not done, the penalty may be the 
forfeiture of the franchise. Practically, however, it has 
been found very difficult to enforce strict adherence to the 
terms of agreement, by legal procedure. The rates to be 
charged for service may or may not be stated in the fran- 
chise. If they are not, the patrons have little protection 
from extortion. The justice of fixing rates in a franchise 
depends upon the length of time for which it is to oper- 
ate. The growth of a city through a long term of years 
brings immense advantages to the industries that we have 
under discussion; for the greater population can be served 
at only slightly increased cost to the owners of the plants. 
It is a consequence of these conditions that in many 
cities the operation of these plants has yielded excessive 
profits to their owners. Now, for securing by franchise 
the right to establish one of these public service plants 
men have been willing to invest large sums of money in the 
way of campaign contributions to control elections, and 
by bribery to control city councils. Again, the person or 
corporation already possessing a franchise often desires 
the extension of the time of its operation or of the rights 
granted by it. Social, business, and political pressure of 
every nature may be used to attain the desired end. The 
result is that public officers, instead of being public ser- 
vants, become the tools and agents of private interests. 

When the rates or charges are excessive and dividends are 
large in consequence, corporations may resort to "stock water- 
ing" as a means of concealing the true state of affairs. That 



CITY GOVERNMENT 35 

is, new shares of stock are given away or sold at a nominal sum, 
generally to those who already own stock; so the per cent, of 
gain on each share is less, though the rate of profit on the money 
actually invested is still unreasonably high. 

Such being the conditions under which public service 
plants have been operated by individuals and corpora- 
tions, the question has been freely discussed, Should not 
the city itself own and control these industries, and fur- 
nish the service to the people at cost ? Two alternatives 
are presented: public ownership and operation, or strict 
control by city or State authorities. 

(1) It would seem that the degree of corruption attending Argu- 
the granting of municipal franchises is a strong argument municipal 
for municipal ownership. (2) It may also be argued that owners ip * 
since the city would not operate these plants for profit, 
rates could be made lower than under private owmership. 
(3) Municipal ownership is urged as the best means of 
awakening the interest of the people in city affairs. 

In opposition to this policy it is said (1) that the same Argu- 
corrupt influences that are used to secure franchises would private 
be employed to bring about, through elections and appoint- 
ments, control of a municipal plant. Would not such a 
plant be operated for the political advantage of the party 
in power ? (2) Private ownership, it is urged, would best 
secure economical management. The personal interest 
of obtaining profits would not operate to keep down ex- 
penses in the case of a municipal plant. (3) The advo- 
cates of private ownership point to some cases of failure 
where municipal ownership has been tried. They argue 
that the success of this plan in European cities is no cri- 
terion for our own country. On the other hand, statistics 
and testimony of successful municipal ownership are 
produced from some American cities. 

Those who do not accept municipal ownership as a 
desirable solution of the problem advocate various ways 



36 



CITY GOVERNMENT 



Methods of 
control of 
public 
utilities. 



Funda- 
mental 
problems in 
city gov- 
ernment. 



The com- 
mission 
form of 
govern- 
ment. 



of controlling the operation of plants under private or 
corporate ownership. The following regulations * are 
recommended : 

(1) No franchise should be granted for a longer term 
than twenty-one years. 

(2) The grantee should pay a fair price for the priv- 
ileges secured; and, in addition, a percentage on net 
receipts. 

(3) At the end of the term, the franchise should revert 
to the public; the right of the city to acquire the plant, 
with, or without compensation, being reserved. 

(4) The financial accounts of the grantee should be 
matters of public record, and should be open to exami- 
nation by an officer of the city. 

It may be apparent from the foregoing discussion of 
the problems and evils of city government that the funda- 
mental difficulties are two: (a) faulty organization, and 
(h) lack of the proper civic pride in the body of citizens. 
In the matter of organization, progress is being made to- 
ward less State interference with city affairs, civil service 
reform, and the concentration of power and responsibility 
in fewer officers. 

Within recent years the "commission plan" has been 
adopted in numerous cities. The essence of this plan is 
the abolition of the present division of legislative and 
executive functions; they are united in the hands of a 
small body of officers, which thus takes the powers of 
both mayor and council. Its adoption is now optional 
with cities in many States. 



This plan originated in Galveston, Texas, in 1901, and a modi- 
fication of it was soon afterward put into operation in Des Moines, 
Iowa. In Galveston a commission, composed of five salaried 
members (one being mayor), was elected at large for terms of 
two years. This body had both legislative and executive duties, 

* Adapted from " A Municipal Program," 127. 






CITY GOVERNMENT 37 

each member being in charge of a department of the city gov- 
ernment. Superintendents were employed to oversee the work 
under the various departments. 

Among the arguments in favor of this plan are these: (1) Arguments 
City government is chiefly a matter of administrative business, ag^ins? 
rather than the laying down of general policies, which belongs this plan. 
to State and National governments. Good administration 
requires the concentration of power in the hands of a few 
persons, as in the case of business corporations; these per- 
sons should have the power both to determine and to execute 
the plans they consider wise.* (2) Under this concentration of 
power, responsibility is readily located. (3) A few men who are 
experts can be employed, at good salaries, to devote their en- 
tire time to city affairs. (4) A better type of city officers will 
thus be selected. (5) More civic interest will be aroused. 

In opposition to this view, it is claimed that : (1) Such great 
power should not be lodged in the hands of a few men. (2) Cer- 
tain parts of a city, or certain classes of people, would not be 
adequately represented. (3) This is a movement away from 
democracy. (4) It offers opportunity for corrupt men to do in- 
jury commensurate with their great powers. 

The adoption of the commission form is usually accom- Popular 
panied by the enactment of certain measures by which the officers, 
citizens may freely assert their will in important matters. 
Such means are the initiative, by which they may demand 
that the officers take action upon a certain subject; the 
referendum, by which the people may approve or reject 
measures that have been passed by the council; and the 
recall — a device under which a certain number of voters 
may demand that an officer stand for re-election (against 
competitors, if any such appear) at any time during his 
term. The recall is based upon the idea, familiar in busi- The recall, 
ness affairs, that an employee should be held to account 
for questionable conduct at any time, regardless of the 
term of his appointment. 

It may be safely asserted that whatever plan of organi- 

* Those who advocate the "short ballot" believe in the commission 
plan of city government. See p. 22. 



38 



CITY GOVERNMENT 



The neces- 
sity for an 
active pub- 
ic spirit. 



Foreign 
population 



How cities 
are extend- 
ing their 
functions. 



zation a city may adopt, its government will be efficient 
and pure only when an active public spirit directs the 
selection of good officers and holds them to high standards 
of action. The quality of this public spirit will depend 
upon the interest of citizens in city affairs. Doubtless the 
creation of a unified civic spirit is rendered very difficult 
by the presence in many cities of a variety of nationalities. 
But the final responsibility for bad government cannot 
be placed upon our citizens of foreign birth; nor even 
upon the ignorant and vicious classes. It may be fairly 
maintained that " there is not a city in the Union in 
which the honest, orderly, and industrious voters are 
not in a large majority." Citizens need, above all, to 
feel a unity of interest in good government. They need 
to feel the necessity of co-operation in civic improvement, 
private opinions and selfish interests giving way to public 
welfare. The attainment of this ideal is a matter of slow 
growth; and the new and unsettled conditions of rapidly 
expanding cities retard this growth. In the end, good 
city government will be brought about only by constant 
and patient attention to civic duty on the part of citizens. 
The growth within recent years of a better public spirit 
in cities is indicated by new conceptions of the possible 
services that a city government may render to the people. 
In addition to measures safeguarding public health through 
proper sanitation, cities have begun to establish public 
baths and systems of medical inspection in schools. Pub- 
lic parks and boulevards have long been recognized as 
proper means of providing for recreation; public play- 
grounds and gymnasiums are now being added. Many 
cities have regularly established an administrative depart- 
ment in charge of these means of recreation. School sys- 
tems and libraries, long the sole means of public education, 
are being supplemented by vacation schools, municipal 
art galleries, public lectures, and concerts. The need of 



CITY GOVERNMENT 39 

proper opportunities for social life is being supplied by 
the use of school-houses as "social centres." Attention to 
the arrangement and architecture of city buildings and the 
beautifying of homes and streets, is another indication of 
the new civic feeling that is growing up in these times. 

Many of the reforms and improvements that have been Reform- 
accomplished in city government are the results of study ments^ 
and agitation undertaken by such organizations as the 
City Club of Chicago, the Municipal Reform League of 
Boston, the Municipal League of Philadelphia, and the 
Good Government Clubs of New York. Numerous State 
leagues and the National Municipal League give oppor- 
tunity for discussion of municipal problems, besides 
spreading information by their publications. The public 
schools have a part to perform in fostering the newly 
awakened civic spirit of the times. Preparation for the 
performance of the citizen's duties is becoming an im- 
portant part of school work. Thus we see that the forces 
are zt work which will ultimately solve the problems of 
city government. 

Similar industrial changes have caused the same rapid growth The gov- 
in European as in American cities. Between 1870 and 1890, European 
Berlin grew faster than New York, Hamburg faster than Bos- "ties- 
ton, Munich faster than St. Louis. 

The general character of municipal government in European 
cities differs in several respects from that of our American cities. 
There the government occupies a place of greater importance. 
Its functions are more extended, covering besides the activities 
mentioned above municipal lodging-houses, markets, slaughter- 
houses, pawnshops, savings banks, etc. Moreover, the terms of 
officers are longer and their tenure is more secure. Hence, 
office holding in some places comes to be a distinct profession 
for which training is required. In Germany mayors are fre- 
quently employed by one city after another as the heads of 
business corporations are in this country. 

Party politics plays less part in the affairs of European cities 
than in the United States; they have, consequently, less cor- 



40 CITY GOVERNMENT 

ruption among city officials. The idea of a trained and perma- 
nent civil service is universal. Greater public interest and 
higher ideals of city government may be found in European 
cities. 



Supplementary Questions and References. 

Make a study of your (or a neighboring) city on the following 
points: 

1. Economic reasons for its location and growth. 

2. Time and circumstances of its incorporation. The original 
limits. Reasons for subsequent enlargement of the city. 

3. The city legislature — name, number of members. How 
are they elected? For what terms? Are they paid? Do you 
think changes would be desirable in these respects ? Can you 
make a general statement concerning the occupations and quali- 
fications of members? 

4. The executive — title — term — salary. What are his powers 
of appointment? Has he the veto power? Should his powers 
be increased? 

5. Judiciary — courts — officers — jurisdiction. 

6. How many administrative departments are there? Are 
they under the control of committees, boards, or single heads? 
What is the relation of each department to the mayor? to the 
council ? Outline the work of each department. Does the pres- 
ent arrangement work successfully ? 

7. Obtain a statement of the city's finances, showing receipts 
and expenditures. Is there a bonded debt? How is it man- 
aged? Is there a sinking fund? 

8. What is the relation existing between this city and the State 
government? Would more "home rule" be desirable v or less? 

9. How are the water, lighting, and street-car plants man- 
aged? Would you change the system? Do you favor the ex- 
tension of the city's functions in other directions ? 

10. What kinds of street pavement are used? What is the 
best kind ? How much does it cost ? 

11. What method of garbage disposal is in use? How are 
the streets cleaned ? Are these methods effectual ? Can students 



CITY GOVERNMENT 41 

in the public schools help in keeping the city clean? Can they 
do anything toward beautifying the city? 

12. What is the organization of the police department? Can 
you recommend improvements? If an officer fails to enforce 
an ordinance, what course would you take to secure its enforce- 
ment? 

13. Does your city have to deal with problems of the slums 
and tenement houses? Is there a large foreign-born element? 
Would you recommend any limitation of the suffrage? 

14. Are independent or reform movements successful in this 
city? 

15. What are the excellent features of the city's government? 
What are its faults? What reasons can you assign for its ex- 
cellencies and its failures? 

16. Organize your class as a city council and pass ordinances 
that you think beneficial. 

17. The most useful books on city government are the fol- 
lowing: 

Bryce, American Commonwealth, I, chapters 50-52; II, 
chapters 88, 89; Conkling, City Government in the United 
States; Wilcox, The Study of City Government; Devlin, Mu- 
nicipal Reform in the United States; Tolman, Municipal 
Reform Movements; Bliss, Encyclopedia of Social Reform; 
Riis, How the Other Half Lives; Howe, The City, the Hope 
of Democracy; Beard, American Government and Politics, 
chapters 27 and 28; Zueblin, American Municipal Progress; 
Rowe, Problems of City Government; Goodnow, City Gov- 
ernment in the United States. 

18. For arguments for and against municipal ownership, see 
the following: Arena, 30 : 392^00; 504-509; 32 : 461^71; 
33 : 361-369; Indept, 53 : 2632-2636; 55 : 93-96; 60 : 449- 
452; 1153-1157; Outlook 82 : 504-511; Rev. of R's, 33 : 724- 
725; 35 : 329-333. 

19. The commission form of city government. Arena, 38 : 
8-14; 144-149; Cen. Mag., 42 : 970; Indept, 63 : 195-200; 
Outlook, 85 : 834-835; 839-843; Rev. of R's, 36 : 623-624. 

20. Civic beauty. Indept., 54 : 1870-1877; World's Work 
11: 7191-7205; Rev. of R's, 38 : 35-5-357. 



42 CITY GOVERNMENT 

21. City playgrounds. Indept., 65 : 420-423; In Chicago, 
Outlook, 81 : 775-781. 

22. Juvenile courts. Indept., 58 : 238-240; Rev. of R's, 
33 : 304-311. 

23. Fire protection in cities. Outlook, 88 : 681-693; Rev. 
of R's, 38 : 703-713. 

24. European cities. Rev. of R's, 41 : 752-753; Comparison 
with American cities, Scribner's Mag., 40 : 113-121. German 
cities, World's Work, 15 : 9913-9920; Outlook, 83 : 618-620. 

25. Articles upon particular cities. Brookline, Arena, 32 : 
377-391; Detroit, Outlook, 91 : 206-216; Chicago, Outlook, 
92 : 997-1013; New York, Rev. of R's., 40 : 594-601. 

26. Miscellaneous. The ideal city, Outlook, 93 : 141-142; 
Better business methods, Rev. of R's, 37 : 195-200; Civic better- 
ment, Rev. of R's, 39 : 77-81 ; Smoke problem, Rev. of R's, 39 : 
192-195; Citizenship in cities, Outlook, 82 : 271-273; City 
elections, Outlook, 89 : 371-375; Expansion of municipal ac- 
tivities, Arena, 33 : 128-134; Problems, Indept., 59 : 902-908; 
The budget, Outlook, 92 : 1048-1059; The menace of crowded 
cities, World's Work, 16 : 10268-10272. 



CHAPTER V 
ELECTIONS AND PARTY GOVERNMENT 

In the local and State governments of our country the Times of 
number of officers elected is very large and the terms of 
office are short; hence elections are of frequent occur- 
rence. Town, village, and city elections generally occur 
in the spring of the year, while State and county officers 
are elected at the same time with members of Congress, 
on the Tuesday after the first Monday of November in the 
even-numbered years. There are, however, some excep- 
tions to these general rules. 

Since suffrage qualifications are fixed by the different Suffrage 
States,* there are many variations in details, though gen- tions. 
era! agreement prevails upon the fundamental require- 
ments. (1) The age at which a person may vote is uni- 
formly twenty-one years. (2) Manhood suffrage is usual, 
but a few States have granted full suffrage to women. 
In most States of the Union women vote at school elections. 
(3) It is usual to require a residence of six months or one 
year in the State where a person wishes to vote; also, a 
brief term of residence in the election district. (4) Full 
United States citizenship is required in a majority of the 
States. In the others a foreigner who has declared his 
intention to become a citizen is given the right to vote. 

The right of suffrage is withheld from certain classes 
of citizens, such as the insane and the feeble-minded, and 

* The National government controls suffrage in the States through 
Amendment XV of the United States Constitution; also, indirectly, 
through Article I, section 2, clause 1. Section 2 of Amendment XIV 
might, if it were enforced, act as a restraint upon the States in their re- 
strictions of the suffrage. See pp. 142-143. 

43 



44 ELECTIONS AND PARTY GOVERNMENT 

those who have been convicted of certain crimes. One 
hundred years ago there were property qualifications for 
voters in every State in the Union. The democratic 
movement of the first third of the nineteenth century 
swept these laws away. At present the payment of a 
tax is a requirement in a few States. An educational 
qualification has been fixed in a few of the Northern and 
in several Southern States. 

Woman The question of full woman suffrage is attracting attention, 

suffrage. partly as the result of agitation carried on in Great Britain, where 
women vote for all elective officers except Members of Parlia- 
ment and now demand the latter privilege. In most European 
countries, women have more or less limited privileges of voting; 
generally they must be property owners, have certain incomes 
or be engaged in business. In Australia and New Zealand they 
have full suffrage rights. 

Registra- Within recent times great changes have taken place in 
the manner of conducting elections in the United States, 
as the result of efforts to check wide-spread election abuses. 
Among these abuses was "repeating"; that is, voters went 
from one polling place to another, voting at each. It was 
comparatively easy to commit this fraud in large cities; 
the enactment of registration laws has materially checked 
this evil. At a stated time before an election the voter 
must have his name and residence recorded with the 
election officials. The registry lists are published so that 
false registration may be detected. Such laws exist in a 
majority of the States, though their action is in some cases 
confined to the larger cities, and here the laws are some- 
times not strictly enforced. As each ballot is cast the 
voter's name is checked in the registry list. Voters who 
have failed to register may "swear in" their votes; that 
is, take oath that they are qualified electors. This opens 
the way to fraud and is consequently prohibited in the 






ELECTIONS AND PARTY GOVERNMENT 45 

large cities. In the main, it is recognized that registra- 
tion must be a feature of every good election system. 

Many other forms of election abuses were checked by ^ h f. Au ?", 

TrQ.ll £111 D£H~ 

the adoption of the Australian ballot system, which now lot system- 
exists in all but one or two of the States. Under former 
election methods, each political party printed its own list 
of candidates, or the tickets might be printed by individ- 
uals. A variety of frauds might then be committed. A 
number of tissue-paper ballots were sometimes folded to- 
gether and cast as one ballot. Candidates could have 
ballots printed like those of the rival party with the 
exception of one or two names. Or, slips of gummed 
paper (called "pasters"), with the name of one candi- 
date, could be fastened upon the ballots. In these and 
similar ways ignorant and careless voters were often 
deceived. Hence we now have the official ballot, printed 
by the government, on which the names of all the can- 
didates must appear. Another essential feature of the 
Australian ballot system is secrecy. The ballots must be 
obtained from election officials within the election booth; 
screened shelves are provided to which the voter must im- 
mediately take his ballot and mark it. He must then 
fold and cast the ballot without communication with any 
but election officials. " Electioneering " is prohibited with- 
in or near a booth. 

Twc ^^ms of the official ballot are used, as illustrated below. 

(1) The original Australian ballot form. 

For Governor. Party. 

A. B Democratic. 

CD Prohibition. 

E. F Republican. 

For Lieutenant-Governor. Party. 

G. H Prohibition. 

I. J Republican. 

K. L Democratic. 



46 ELECTIONS AND PARTY GOVERNMENT 

For Assemblyman. 

M. N Republican. 

O. P Democratic. 

Q. R Prohibition. 

(2) The modified American form. 



State Officers 


Democratic 


Prohibition 


Republican 


Individual 
Nominations 


Governor 


A. B. 


CD. 


E. F. 




Lieutenant- 
Governor 


I. J. 


K. L. 


M.N. 




Member of As- 
sembly 


0. P. 


Q. R. 


S. T. 





The 
canvass. 



More intelligence and care are required in the use of the first 
form; the second form favors the voting of straight tickets. 

In spite of these reforms in election methods and the 
devices for preventing fraud and bribery, there still exists 
a considerable amount of illegal voting. This is possible 
in great cities, where there is a large floating population;* 
also in certain States, where the parties are nearly equal 
in strength. Corrupt election officials sometimes violate 
even the most carefully framed regulations of law. These 
officials are ordinarily selected from the two leading par- 
ties. Challengers, who also represent parties, are allowed 
to question the right of any person to vote. 

After the polls are closed, the counting of votes, or 
official canvass, takes place. Returns from the election 
precincts are sent to the city, county, and district can- 
vassing boards to be tabulated. The results - are then 
sent to the State canvassing board. Each board has 
authority to decide which candidates are elected within 

* Hence the term "floaters" for purchasable voters. These may be 
"colonized," i.e., temporarily located in a certain ward for voting pur- 
poses. 



ELECTIONS AND PARTY GOVERNMENT 47 

its jurisdiction. Certificates of election are issued to 
successful candidates, and thus the process of election 
is completed. 

An election is but the final step by which the voters 
express their judgment in selecting men for office. Two 
other steps, both vital in their importance, must be dis- 
cussed in gaining a view of the entire process: viz., the 
making of nominations and the management of political 
parties. 

The work of nominating candidates, the conducting of Party 
political campaigns, and the general oversight of party tees, 
interests in an election, are all in the hands of a series of 
committees organized in each of the political parties. Thus, 
each party has a local committee in every town, village, 
and ward. There are also, for each party, city committees 
for the management of party machinery in cities; county 
committees; a State committee, which controls campaigns 
and determines party policy in the State; and, finally, a 
National committee for the management of each National 
party organization. Besides these, there may be com- 
mittees for each State Senate and Assembly district, and 
for each Congressional district. All except the local com- 
mittees are appointed in the party conventions.* 

The two principal methods of making nominations are 
(1) the caucus and convention system and (2) the primary 
election system. Within recent years the latter has dis- 
placed the former in many of the States, for reasons that 
will be stated. 

A caucus, or primary, is a meeting at which all the The caucus 
voters of a party in a town, village, or ward may assemble. 
Before the election of town, village, and ward officers, 
caucuses will nominate candidates directly. For all but 
these local elections (i.e., for the nomination of county, 

* This account represents the party organizations as complete; they 
are not so in many parts of the country. 



48 ELECTIONS AND PARTY GOVERNMENT 



Political 
conven- 
tions. 



pharacter- 
istics of 
the system. 



Defects of 

the 

system. 



State, and National officers) a second step is necessary; 
the caucuses choose delegates to conventions where these 
nominations are made. Thus, before a general election, 
we have county conventions for the nomination of county 
officers; various district conventions, where candidates 
are nominated to run for the State legislature and for the 
National House of Representatives; State conventions, 
composed of delegates chosen at county or district con- 
ventions; and, finally, in years of presidential elections, 
there are still other series of caucuses and conventions, 
culminating in the great National conventions, where 
presidential nominees are selected. (See p. 216.) 

Besides nominating candidates for offices, the various 
conventions mentioned elect party committees and adopt 
party platforms. The platforms contain statements of 
party doctrine and pledges of party policies. 

One characteristic of the caucus and convention system 
is that the mass of voters participate in the process only 
in the town, village, or ward caucus. Elsewhere, they are 
represented by delegates or committees. In conventions 
of the largest units (State, Congressional district, and 
National conventions) the delegates are twice removed from 
the voters. Another feature of this system is its com- 
plexity. To nominate the various groups of officers in a 
" general election" year, two, and sometimes more, series 
of caucuses and conventions are held. Because of these 
facts, abuses have arisen in connection with this method of 
making nominations. 

Usually much less than one-half, and in many places less than 
one-tenth, of the voters attend the primaries. This is accounted 
for by the indifference of some, the ignorance of others, and the 
inability of still others to understand the complexities of this 
method of making nominations. Again, caucuses are in many 
instances capable of being manipulated by political leaders to 
suit their own ends. In the next place, there is no assurance 
that the delegates elected by a caucus will fulfil the wishes of 



ELECTIONS AND PARTY GOVERNMENT 49 

a majority of the voters. This is especially true when conven- 
tions elect delegates to still other conventions. There is no 
way of holding a delegate responsible for representing accurately 
those who chose him. In conventions, then, skilful politicians 
may bring pressure to bear upon delegates to direct their votes 
from the line of public into that of private interest. This may 
be done by bribery, by the trading of votes, or by promises of 
business or political advantages. 

Because of these abuses, a demand arose that voters The 
select candidates directly, through the primary election sys- Section 
tem, instead of indirectly through delegates.* Where this sys m * 
system prevails, nominating conventions are abolished. 
Any person who secures a certain number of signatures 
to a petition (or "nomination paper") can have his name 
placed upon the party ballot that is used at the primary 
election. On the day of this election, each voter may 
vote directly for the men whom he wishes to be his party's 
candidates for the various offices. The names of the men 
who receive the highest number of votes will be placed 
upon the official ballot used in the regular election. 

It is thought that through primary elections (1) candi- its advan- 
dates will more truly represent the choice of the mass of 
voters in a party; (2) that because they vote directly for 
candidates the voters will take more interest and partici- 
pate more freely in the nominating process; and (3) that 
it will be more difficult for men to further selfish ends 
through the manipulation of a few delegates. 

* "The movement was in part a democratic one, and was animated 
by a desire for wider popular participation in government. In this 
sense it was a part of a broad tendency in the direction of popular 
control over all the agencies of politics. The referendum, the initiative, 
the recall, and the direct primary are organic parts of a general growth 
of democratic sentiment, demanding methods by which more direct 
responsibility of the governor to the governed be secured. ... In the 
last ten years [1898-19081 about two-thirds of the States have enacted 
direct primary laws of various types. Some of these laws have been 
obligatory and others optional; some have been general in application 
and others merely local." — Merriam, Primary Elections, 69-70. 



50 ELECTIONS AND PARTY GOVERNMENT 

In States having the primary election system, conven- 
tions are still held for the purpose of selecting party com- 
mittees and for the adoption of party platforms. Such 
conventions may be composed either of delegates or of the 
candidates already nominated. 

Nomina- It will be noticed that both of the nominating systems dis- 

peUtion. cussed above assume that candidates represent political parties. 
When non-partisan candidates are desirable, then another method 
is in use — nomination by petition. Any person securing a cer- 
tain number of signatures to his petition may have his name 
placed upon the election ballot. This is done frequently in the 
election of judges and school officers, and is becoming more 
common in city elections. For voters more often break party 
lines upon city issues than was formerly the case. 

The work A part of the work of political parties is referred to in the 
parties. loa preceding paragraphs. They are organizations of voters 
which (1) help to determine public policies through the 
adoption and carrying out (or refusing to carry out) party 
platforms; (2) they take charge of the nomination of can- 
didates for office; (3) they conduct campaigns in order to 
secure victory in elections; and (4) they constantly exert 
influence upon the conduct of the officers who make and 
execute our laws. It would seem that the sole object of 
a political party is the securing of certain policies in gov- 
ernment through the election of certain men to office; and 
that in the long run the government in the hands of the 
victorious party should reflect the views and follow the 
wishes of a majority of the voters in that party. But these 
theoretical propositions are subject to many modifications 
in practice. Unfortunately, the absorption of the voter 
in his private affairs makes him too often indifferent to 
the conduct of government. In the second place, the 
great body of voters in a party, even if they have the 
inclination, have very inadequate means of originating a 
policy or impressing their views upon men in office. The 



I 



ELECTIONS AND PARTY GOVERNMENT 51 

result is that the management of political parties falls into 

the hands of a comparatively few men. They urge policies 

upon voters; they select the men who become candidates; 

they conduct the machinery of campaigns ; and they either 

become the officers themselves or control those persons in 

office whom they have placed there. 

^ A few men can control a political party by thorough a few men 

organization. They have their subordinates in different control. 

localities, and these in turn have subordinates who carry 

out orders from their superiors. A thoroughly organized 

body of political workers who dominate a party m this 

way is called a "machine." Its operations are generally 

directed by a "ring" or a "boss." 

Now, the motives that inspire the machine and the Machine 
methods it employs may be either good or bad. Organ- 
ization, leadership, and machinery are always necessary 
to secure harmonious action in bodies of men. But the 
opportunities for corruption in our party system are 
many; so that the politicians who will make freest use of 
corrupt means to gain their ends are very apt to succeed, 
when those who are less unscrupulous will fail. Conse- 
quently, the phrase "machine politics" is generally under- 
stood as referring to political methods that have little to 
recommend them, if they are not thoroughly bad. 

The work of parties cannot be accomplished without Corrupt 
the expenditure of money — sometimes the sums are many S°. tlces 
thousands of dollars. This is contributed by candidates, 
by private individuals, and by the representatives of busi- 
ness houses and corporations. Here is one important 
source of corruption in our government; for those who 
contribute with selfish ends in view, rather than from 
principle, expect rewards at the expense of public interest. 
So great have evils of this kind become that many "cor- 
rupt practices acts" have been passed intended to check 
them. Besides providing severe punishment for bribery 



52 ELECTIONS AND PARTY GOVERNMENT 

and the buying of votes, these laws require the publica- 
tion of campaign expenses by candidates. In some States 
corporations are prohibited from making campaign con- 
tributions. Limiting the amount that may be contributed 
or expended is another way of combating this evil. 
The voter's All such laws and all real reforms in the laws regulating 
politics. parties and elections are excellent. But laws and consti- 
tutions merely indicate the form of our government; its 
spirit may be very different if the provisions of law are 
nullified in practice. Experience shows that this is very 
liable to happen wherever the mass of citizens become in- 
different to the conduct of public affairs. The voter can 
exert his influence in many ways, within his party, for 
good government. He can sometimes best serve his party 
by turning against it; for the fear of such independent 
action may restrain party leaders when nothing else will. 

Supplementary Questions and References 

1. In your State — 

What are the times fixed for elections? 

The qualifications of voters? 

The legal regulations governing registration — the ballot — 
provisions for secrecy — election officers — the official can- 
vass? 

2. What method of making nominations is most usual in your 
State ? Are other methods allowed ? What are the advantages 
and disadvantages of each ? 

3. Why are women given the right to vote in school, munici- 
pal, or financial matters only, in some States ? 

4. Do you believe in a property qualification for voters? An 
educational qualification? 

5. Find in a newspaper almanac the list of States that pre- 
scribe educational qualifications for voters; also, property tests. 
In what States have women been given full suffrage ? 

6. The laws of a number of States permit the use of voting 
machines. See Forum, 28 : 90-93. 



ELECTIONS AND PARTY GOVERNMENT 53 



7. Follow in detail the steps leading to a general election in 
your State: 

(1) Notices of election — when and by whom issued. 

(2) Action of party committees. 

(3) Method of nomination of county and State officers and 
Representatives in Congress. 

(4) Party platforms. 

(5) Conduct of the campaign — raising and expenditure of 
money — distribution of literature — political speeches, etc 

8. Should women be given the full right of suffrage? Atl 
Mo., 96 : 750-759; 102 : 196-202; Forum, 43 : 264-268; Indept 
58 : 1309-1311; 68 : 686-689; N. Am. Rev., 183 : 484-49S 
1272-1279; 186 : 55-71; 189 : 502-512; 190 : 158-169; 191 
526-536, 549-558; Outlook, 82 : 167-178; 91 : 780-788; Rev 
of R's, 36 : 479^82; 38 : 94-95; 39 : 626-627. 

9. Negro suffrage. Atl. Mo., 88 : 433-437; 94 : 72-81 
Indept., 55 : 2021-2024; Outlook, 87 : 529-531. 

10. Nominating Systems and Primary Reform. Arena, 35 
587-590; Forum, 33 : 92-102; 42 : 493-505; Outlook, 90 
383-389; 91 : 426-428. 

11. Ballot and election reform. Indept., 68 : 1020-1026 
N. Am. Rev., 189 : 35-42. 

12. Our party system is discussed in Bryce, II, chapters 
53-75; Bliss, Encyclopedia of Social Reform; Beard, American 
Government and Politics, chapter 30. 



CHAPTER VI 
PUBLIC FINANCES 
Why taxes The operations of government cannot be carried on 

areneces- . _. 

sary. without the expenditure of money. To meet this expen- 

diture, those who are benefited by the protection and 
security that government affords must be taxed. More- 
over, as the functions of government are extended to in- 
clude the furnishing of conveniences and the maintenance 
of institutions that instruct and elevate the people, in- 
creased outlays of money become necessary, and, conse- 
quently, more extensive taxation. The raising and ex- 
penditure of public money is, then, a subject of the greatest 
importance. 

State and local governments raise money in various ways, 
the principal ones being by taxation and by borrowing. 
Methods of taxation will first be treated. 

(1) The general property tax. This form of tax exists 
in all the States. It is based upon the theory that each 
person's contribution to the support of government should 
be in proportion to the amount of property that he owns. 
The first step in determining the amount of taxes he shall 
pay is the placing of a valuation upon his property; this 
is done by local or county officers, called assessors. 
Valuation The assessment roll contains the name of each tax- 
© proper y. p a y er ^ ^{^ a \{ s ^ f n [ s property and its value. State laws 
usually require that this be full cash, or actual, value; 
but undervaluation is the rule rather than the exception. 
Since the amount of an individual's taxes depends upon 
the assessed value of his property, it is natural that prop- 
erty-owners should frequently think that their assess- 
ments are too high. They are accordingly allowed to 

54 



PUBLIC FINANCES 55 

appeal to a local board, which has the power to review 
and correct assessment rolls by lowering or raising val- 
uations. The board may also add to the list of property 
recorded on the roll, and may strike out property that is 
illegally assessed. 

Now, just as there is difficulty in fixing satisfactorily the Equaiiza- 
valuation of each individual's property, so a similar difficulty is valuations, 
experienced in adjusting valuations among the villages, towns, 
and cities. For the county and State taxes that each local unit 
must pay depend upon its total valuation. Each assessor is 
tempted to keep valuations low in order that his local unit may 
not be heavily taxed. To remedy this difficulty, a county board 
of equalization is provided, which has the power to raise and 
lower valuations, as shown in the assessment rolls. In some 
States this board may change individual valuations; in others 
simply the total valuation of each local unit. Again, we have a 
like difficulty in the next step of the process. The amount of 
taxes which the property-owners of a county will be called upon 
to raise for State purposes will depend upon the valuation of 
the property in the county. Consequently, county authorities 
are apt to think it incumbent upon them to see that their valu- 
ations are low, so that their State tax will be low. To correct 
this tendency toward undervaluation, State boards of equaliza- 
tion have been established in many States, with power to re- 
view the county assessments and to place them on a basis of 
relative equality. 

The rate of taxation is determined in each local unit. How the 
To the total amount necessary for purposes of the local taxation is 
government is added its share of the State taxes that this 
local unit must bear. This sum is divided by the total 
valuation of all the property in the local unit. This gives 
a percentage which is the tax rate. Applying this rate 
to each person's valuation determines the amount of tax 
he is to pay. 

The property-owner pays taxes but once each year, Collection 
and he seldom knows what share of his payment goes 
toward the support of each government that taxes him. 
In some States the payment is made to the local treasurer, 



56 



PUBLIC FINANCES 



Exemp- 
tions. 



How this 
system 
works 
injustice. 



and in others to the county treasurer or collector. When 
local treasurers collect taxes they deduct the amount raised 
for local purposes before sending the balance to the county 
treasurer. After the amount levied for county purposes 
has been kept out, the county treasurer sends the balance 
to the State treasurer, and thus the process is completed. 
The failure to pay taxes renders property delinquent It 
may then be seized and sold. After taking the amount 
due for taxes and expenses, the remainder, if any, is re- 
turned to the original owner. 

Some descriptions of property are quite uniformly ex- 
empted from taxation; such are, all property belonging to 
Federal, State, or local governments, and the property of 
educational, religious, scientific, and benevolent associa- 
tions. In some States, also, a certain amount of the per- 
sonal property, such as the household furniture, of each 
property-owner is exempt from taxation. 

The faults found in the general property tax system 
are serious, (a) Undervaluation is very common and pro- 
duces great injustice. If, in a given community, all prop- 
erty were uniformly undervalued, no injury would result; 
this would simply raise the rate. But certain individuals 
may secure, either through fraud or error, lower valuations 
than others having the same amount of property. Again, 
the man of small property is more likely to have his assess- 
ment placed near its actual value than is the man of wealth. 
The assessment of property is more accurate in farming 
communities than in cities. This places a heavy burden 
upon the farmer.* 

(b) Another evil of this form of taxation arises from the 
fact that personal property quite generally escapes taxa- 
tion. Property is divided into two classes: real estate, 



* It was estimated by a California commission on revenue and taxation 
that the farmers paid in taxes five times as much in proportion to their 
income as was paid by manufacturers. 



PUBLIC FINANCES 57 

which includes land and the fixtures thereon, as buildings Most 
and improvements; and personal, which includes all other property 
property. Under the head personal property are placed taxation. 
furniture, clothing, jewelry, merchandise, farm products, 
live-stock, machinery, books and pictures, money, stocks, 
bonds, mortgages, notes, and credits. It is apparent that 
many of these things have values that an assessor can- 
not easily ascertain by inspection; other articles mentioned 
in the list are easily concealed. As a consequence, the ap- 
pearance of personal property on the assessment rolls, and 
its assessment at values that are anywhere near actual 
value, depend upon the honesty of property-owners. In 
most States, assessors may, and in some States they must, 
take a sworn statement from each property-owner as to 
the actual value of his property; but this does not effec- 
tively correct the evil. Those who make complete re- 
turns are apt to be of the poorer class, besides trustees, 
administrators, and guardians who have legal control of 
property belonging to orphans, widows, and dependent 
persons; for the value of these estates is a matter of pro- 
bate court record. 

It is apparent that our general property tax places an 
unjust burden upon the poor, the rural classes, the honest, 
and the helpless. It was adopted at a time when the 
distribution of property was more equal than at present, 
and before the growth of large cities and great industries. 
These new conditions demand new methods of taxation; 
but no single, practical substitute has been discovered 
and put into operation. Public interest has been aroused 
upon this subject, however, and some of the methods of 
taxation next discussed are intended to correct the ine- 
qualities of the property tax. 

(2) The corporation tax. In a few States, a general cor- Corpora- 
poration tax is imposed which is a fixed rate on the capital 
stock, or the earnings, of all corporations doing business 



58 



PUBLIC FINANCES 



Franchise 
taxes. 



Reasons m 
for inheri- 
tance taxes. 



in those States. Again, the rules of taxation applied to 
different classes of corporations may vary in the same 
State. The taxation of railroad property by local authori- 
ties has been quite generally abandoned, on account of 
the inequalities of assessment under this plan. In some 
States a special board values all railroad property in the 
State; in others this property is not taxed, but instead a 
tax is laid on the gross earnings, mileage, or capital stock 
of these corporations. Telegraph, telephone, express, and 
insurance companies are also subject to special taxes based 
on gross receipts, mileage of wires, etc. 

(3) Franchise taxes are becoming increasingly common 
in the States. Individuals and corporations operating 
water, lighting, and street-car plants are considered as 
possessing valuable property in the right, vested in them 
by their franchises, of using the streets. This privilege, 
it is said, as well as their tangible property, is a source 
of their income, and so should be taxed. 

(4) Inheritance taxes are especially designed to reach 
the property of the very wealthy. It is believed that 
large fortunes result not merely from individual industry, 
but quite as much from the growth of the communities 
where they are accumulated. Hence the community 
should share in the distribution upon the death of the 
holder. Again, it is assumed that an undue proportion 
of these fortunes escapes the property tax; also, that their 
perpetuation in the hands of a few individuals is socially 
undesirable. This tax is easily collected, since probate 
court records state the amounts bequeathed. The rates 
are usually higher on collateral bequests, i. e., those de- 
scending to others than the immediate family of the 
deceased. In some cases, also, the rates become higher 
as the amounts bequeathed become greater.* 

* In a law of Wisconsin (1903) the rates vary from one per cent, to 
fifteen per cent., depending upon the degree of relationship and the 
amount inherited. California has a similar law. 



PUBLIC FINANCES 59 

(5) The income tax exists in a few States, but its use is income 
being extended to others. It also is intended to reach the 
richer classes, since an exemption is always provided for 

the smaller incomes. Here, as with the inheritance tax, 
the rate should be made progressive, i. e., the larger the 
amount taxed, the higher the rate of taxation. 

(6) The poll tax, a fixed sum payable by male persons 
between certain ages, is collected in some States, though 
prohibited in others. 

(7) Licenses. The greatest amount of revenue is de- 
rived under this form of taxation from liquor dealers. In 
addition, auctioneers, showmen, peddlers, hackmen, and 
draymen often pay license fees. Besides the revenue 
gained, the governments find the license system advan- 
tageous as a means of controlling these occupations. 

(8) Government revenue is also derived by the exaction Fees, 
of fees for the performance of official services. These fees 

are frequently a perquisite of the officer performing the 
services; but many times it is found more economical to 
pay the officer a salary and turn the fees into the public 
treasury. 

(9) In cities, we find the practice of levying special Special 
assessments upon property that has been enhanced in value ments. 
by virtue of some public improvement, as, the pavement 

of a street. This tax may be made to cover the greater 
part of the expense involved in making the improvement. 

Such are the various forms of taxation used by the State 
and local governments of this country. Two other sources 
of income are now to be noted: charges and borrowing. 

When a government owns property that is used by Charges, 
individuals or corporations, a charge is made that be- 
comes a part of public revenue. Under this head come 
the tolls collected for the use of roads, bridges, and docks; 
the income derived from the rent of land and water 
privileges; and the charges made for water, for lights, and 



60 



PUBLIC FINANCES 



Borrowing 
by States 
and cities. 



The 



tion of 
money. 



Auditing 
accounts. 



for street-car transportation when the plants furnishing 
these conveniences are owned by municipalities. 

The ordinary process by which a government borrows 
money is through the issuance of bonds. These are prom- 
issory notes bearing interest. It is customary to submit 
the question of issuing bonds to popular vote. The his- 
tory of the debts incurred by many States shows the lack 
of wisdom sometimes displayed in this matter.* The 
bonded indebtedness of cities reaches an enormous figure. 
This seems necessary in most instances in order that 
future generations may share in the expense of public im- 
provements which can be made most economically at the 
present time. 

Money brought into public treasuries by taxation and 
the other methods described is subject to appropriation 
by legislative bodies: town meetings, town boards, village 
and county boards, city councils, and State legislatures. 
Lack of wisdom, corruption, and extravagance may at- 
tend the making of appropriations by these authorities. 
Such abuses have brought about the enactment of consti- 
tutional restraints upon the character and amounts of 
appropriations that may be made. The debt limitations 
that are found in many State constitutions are similar 
restraints. 

The actual expenditure of public money is made either 
by committees of the legislative bodies just mentioned, or 
by executive and administrative officers. A good sys- 
tem of public accounts requires that these officers shall be 
directly responsible to the local governing board or to a 
special officer called comptroller or auditor. The accounts 
of every officer who handles public funds should be 
audited; the sources of each part of the money received by 
him should be correctly acknowledged. He should pre- 

* The rage for internal improvements about 1830 furnishes an example. 
American History, 300, 311. 



PUBLIC FINANCES 61 

sent vouchers, or receipts, for every amount expended, and 
each expenditure should be properly authorized by law. 

Supplementary Questions and References 

1. In your State, (a) who assesses property ? (b) how are assess- 
ments equalized? (c) by whom and when are taxes collected? 

2. What is the present rate of taxation in your locality? What 
parts of this rate provide for local, county, State, and school taxes 
respectively? To what extent is there undervaluation? Does 
personal property bear its share of taxation? What remedies 
do you suggest for abuses that exist in these matters ? What is 
fundamentally wrong? 

3. What forms of taxation are used in your State besides the 
general property tax ? How does each operate ? Is it successful ? 

4. Examine the financial reports of your local, county, and 
State offieers to ascertain the sources of revenue and the pur- 
poses of expenditure. In each case, what is the process of audit- 
ing accounts? 

5. For general descriptions of State taxation see Bryce, I, 
chapter 43; Beard, chapter 31; Encyclopedia of Social Reform, 
chapter on Taxation. 



CHAPTER VII 
JUDICIAL TRIALS 

Thus far in our study of government we have had in 
mind chiefly the processes by which laws are enacted, 
and executed or administered. If all men could agree 
upon the exact meaning of these laws, and if all were 
disposed to obey them, little more government than has 
been described would be needed. Because neither of 
these suppositions is true, another distinct department of 
government — the judiciary — becomes necessary. 

Civil cases. Cases arise through differences in the interpretation 
of law and through its violation. There are two kinds 
of cases, civil and criminal. When one party to a suit 
(the plaintiff) brings action against the other (the de- 
fendant) for the protection or enforcement of a private 
right, we have a civil case. Some common examples 
of civil cases are those involving questions of the fulfil- 
ment of contracts; the relations of employer and em- 
ployee; the possession of property; the collection of debts; 
and the validity of deeds and mortgages. 

Criminal In a criminal case it is charged that a wrong has been 

cases. 

committed, in most instances against an individual, but 
of such a nature that the public peace, dignity, and secur- 
ity are also affected. These criminal acts are defined by 
law, and penalties have been affixed to their commission. 
At the same time the injured person is generally entitled 
to compensation, or damages, for the wrong he has re- 
ceived. Because public interests suffer from the commis- 
sion of crime, the State is plaintiff in all criminal cases. 
Arrest. The methods of procedure in ordinary cases are very 

similar throughout all the States. In a criminal case, 

62 



JUDICIAL TRIALS 63 

formal complaint must first be made before a justice of 
the peace or other judicial officer. A warrant for the 
arrest of the supposed criminal will then be issued. The 
arrest may precede these steps if the criminal is caught 
in the act. If the crime charged is a minor offence, the 
trial may take place at once in the justice or municipal 
court. A more serious offence, however, must be tried 
in a higher court — the district, circuit, or superior court 
of the county. 

The constitutions of most States provide that no per- The grand 
son shall be held to answer for a criminal offence of a 
serious nature unless on presentment or indictment of 
a grand jury. In those States, the justice court merely 
examines into the evidence sufficiently to ascertain whether 
the accused shall be held until the next session of the grand 
jury. This is composed of from twelve to twenty-three 
citizens chosen by lot from the county. Its sessions occur 
at stated times and are secret. The district attorney 
presents to it evidence against persons supposed to have 
committed criminal acts, and witnesses are brought be- 
fore it, who are required to give evidence. If there is indictment, 
probability of guilt in any instance, the person charged is 
indicted; that is, he is held for trial. He may be impris- Bail, 
oned, or released on bail. A bail-bond is signed by sure- 
ties, who agree to forfeit a certain sum of money if the 
prisoner does not appear at the trial. 

The arrest and examination of accused persons by a Present- 
local justice need not precede the action of the grand jury. 
The district attorney often produces evidence against per- 
sons who as yet stand unaccused; if the grand jury in- 
dicts them, they are at once arrested. The grand jury 
need not await the action of the attorney, but may proceed 
to investigate supposed cases of wrong-doing. If it con- 
cludes that certain persons should be brought to trial for 
offences, they are presented. 



64 JUDICIAL TRIALS 

1st some States the grand jury has been dispensed with, for 
ordinary cases, and all proceedings preliminary to the trial are 
conducted in a justice court, or other court inferior to the one 
having jurisdiction to try the case. These proceedings are called 
the preliminary examination. The lower court is given authority 
to decide, after hearing the evidence presented, whether the ac- 
cused shall be held for trial. In extraordinary cases, however, 
provision is made for calling a grand jury. 

Petit and For the trial of cases in the principal court of a county, 

trial junes. . . . . r . . r /' 

a petit jury is provided. The juries are summoned by 
venire and are obliged to be in attendance at the court dur- 
ing its session. When a case requiring a jury is called, a 
trial jury is selected by lot from the list of petit jurors. 
As the names of these are drawn, any juror may be chal- 
lenged by either party to the case. He will be excused by 
the judge from serving on the trial jury if good reasons are 
shown. Each side is allowed to reject a certain number 
of jurors without giving reasons; that is, by peremptory 
challenges. The drawing of names must continue until 
twelve are secured who are eligible to serve in the trial of 
this case, 
•fhe In the meantime, witnesses have been subpoenaed, and 

of trial. the case begins by the direct examination of its witnesses 
by the prosecution. They are cross-examined by the de- 
fendant's attorney, and the testimony of the defendant's 
witnesses follows. Then come the arguments of the 
lawyers. The judge charges the jury as to the law that 
applies in the case, and it then retires from the court to 
Verdict and decide what facts have been proved by the evidence. The 

judgment. . m . 

verdict of the jury is followed by the judgment rendered by 
the court. If found guilty, sentence is pronounced against 
the prisoner, though the judge may, if the verdict grossly 
violates law or justice, set it aside. Execution of judg- 
ment is the carrying out of the court's decision by the 
sheriff or other executive officer. 

Throughout these proceedings the presumption favors 






JUDICIAL TRIALS 65 

the innocence of the prisoner; the State must prove, be- Appeals, 
yond a reasonable doubt, that he is guilty. The judge 
decides legal questions that may arise concerning the con- 
duct of the trial. Either party may make objections to 
these rulings, and the defeated party may make its excep- 
tions to the court's decisions the basis for a demand for 
a new trial, or for an appeal to a higher court on writ of 
error. The supreme court, or court of appeal, examines 
the questions of law that are involved, and either confirms 
or reverses the decision of the lower court. 

A civil case is begun by complaint of the plaintiff against Triat of 
the defendant. A summons is issued, calling the defend- 
ant to appear in court and make answer to the complaint. 
Cases involving small sums of money are tried in justice 
courts, and here the trial is sometimes without a jury, 
or with a jury of only six men. Cases involving larger 
amounts are tried in the principal court of the county, 
where the procedure is quite similar to that described in a 
criminal case. In the execution of a judgment against 
the property of a person, the constable or sheriff has power 
to seize and sell all property that is not exempt. 

It is sometimes claimed by one party to a case that change of 
the community where the case arises, or the judge before 
whom it is to be tried, is prejudiced to a degree that ren- 
ders an impartial trial impossible. A change of venue may 
then be granted; the case is carried to another court, or 
another judge is called in to preside at the trial. 

Many problems have arisen, in connection with the ad- The en- 
ministration of justice, that demand the serious attention of law. 
of citizens. Some of these we shall consider. (1) When 
the violation of law is a matter of common knowledge in a 
community, and no one is accused and held to answer, 
who is responsible ? The basis of a warrant of arrest is a 
complaint, containing a specific accusation, and accom- 
panied by the statement of the complainant, under oath, 



66 



JUDICIAL TRIALS 



Difficulties 
in law 
enforce- 
ment. 



The law'3 
delays. 



that in his opinion the accused is guilty. Now, it is the 
sworn duty of officers to obtain the information upon 
which a complaint may be based, whenever they know or 
have reason to suspect that the law has been violated. 
If they persistently neglect this duty, the sentiment of the 
community should compel its performance. But at times 
the public conscience becomes so blunted that officers ac- 
cept or even extort payments from law-breakers for shield- 
ing them from punishment. 

Not officers alone, but any citizen may make a complaint. 
But private citizens, particularly those who are most 
anxious to see the strict enforcement of law, find it diffi- 
cult to discover sufficient evidence upon which to make 
a sworn statement. Besides, the prosecution of criminals 
by persons who do not directly suffer injury from the 
criminal acts, is likely to cause criticism that is distaste- 
ful and hard to bear. It is much easier for the average 
citizen to let such matters alone, and attend to his own 
private business. In the meantime, public funds may 
be stolen, or the health of the community threatened, or 
its youth put in danger of moral corruption — all for lack 
of a complaint, specific in its accusations, and supported 
by definite evidence. These reasons most frequently 
answer the question, "Why is not the law enforced ?" 
At the bottom, it is a question of public conscience. In 
communities where a low moral standard prevails, a few 
determined leaders, willing to sacrifice time, labor, and 
comfort for the public good, have sometimes aroused the 
entire public to action. No service to the community 
could be more commendable than this. 

(2) Other causes for discontent with our judicial sys- 
tem arise in connection with court procedure. There is 
sometimes the delay of justice through the postponement 
of cases for trivial reasons. Criminal cases may drag 
along for months until public interest subsides. In civil 



JUDICIAL TRIALS 67 

cases a wealthy litigant may secure postponements until 
the resources of his poorer opponent are exhausted. 

(3) The course of a trial in its various stages and some- Technical- 
times the final decisions of judges are too often determined law. 
upon grounds that are purely technical. That is, the pro- 
cedure or the decision follows some arbitrary rule, rather 

than doing justice according to the facts in the case. 
Many criminals escape punishment in this way. 

(4) Much evil in trials comes from the sharp practices Legal, com- 
indulged in by attorneys. These men are sometimes em- pic 
ployed by those who can afford to pay the highest salaries, 
apparently for the purpose of finding loop-holes in the 

law and defeating its real purpose. This evil, as well as 
others mentioned, are possible partly because our legal 
system and our methods of conducting trials are unneces- 
sarily complicated. 

(5) Miscarriage of justice can in some cases be charged 
against judges, but this is quite exceptional. However, 
the short terms and small salaries of these officers subject 
them frequently to temptation. 

(6) Numerous evils have crept into the administra- The jury 
tion of the jury system. The local officers who make the sys em * 
original lists from which petit jurors are drawn, are 
sometimes influenced in the selection of names by politi- 
cal considerations or by the pressure of business interests. 

In this way a jury may be " packed" in favor of one of 
the parties to the suit. The old method of making jury some 
lists has been superseded in some States by the appoint- 
ment of jury commissions composed of prominent citizens 
of the county, who make the lists under supervision of the 
court. Again, many citizens who are most competent to 
serve on juries, shirk the duty, giving trivial excuses or 
paying fines to escape performing the service. When a 
panel of petit jurors is exhausted, talesmen are summoned 
from the by-standers — a practice which is apt to admit 



68 



JUDICIAL TRIALS 



Good 

features of 
the jury 
system. 



men who are wholly unfit for jury duty. Cases of direct 
jury bribery are, unfortunately, too common, especially in 
large cities. They are also very difficult to detect. Public 
opinion should be extremely intolerant of this crime. 

It is almost a universal custom to require unanimity in 
the decision of juries ; * thus one man may cause a case 
to fail of decision. While this is generally considered a 
wise provision in criminal cases, it many times results in 
the defeat of justice. 

It will be noticed that many of the evils mentioned in 
connection with the jury system are accounted for by bad 
administration of its details. The central idea of the 
system — the participation of citizens in the legal process 
of determining justice — is of very ancient origin. It was 
brought from England by the colonists, embodied in their 
legal codes, and inherited by both State and National 
governments. The publicity which trial by jury gives to 
3gal procedure, and the educational influence upon those 
./ho participate in its workings, are advantages of great 
weight in its favor. Moreover, it is so firmly fixed in our 
legal and social fabric that its abolition would be a most 
radical measure. This fact renders imperative the cor- 
rection of abuses, wherever they may be found, and the 
restoration of a pure ideal, in order that the jury system 
may not become a decadent institution. 
Lynch-iaw. No failure of government is more deplorable than the 
failure of justice. There have been times when communi- 
ties, exasperated by the feeble efforts of officers and courts 
to bring violators of law to justice, have resorted to "lynch- 
law" as a remedy. This sets an example of lawlessness, 
the evil influence of which far outweighs any attendant 
good. 



* In Nevada, Utah, California, and a few other States, a decision may 
be rendered by three-fourths of a jury in a civil case. In Idaho, five- 
sixths of the jury may render a decision. 



JUDICIAL TRIALS 69 

Manv legal controversies never appear in courts, be- Arbitral 

i 1-11 i • j tion - 

cause they are adjusted between the parties concerned 

through the efforts of the attorneys. Other disputes are 

voluntarily submitted to arbitrators by whose decision 

the disputants agree to abide. If more cases could be 

settled out of court, much expensive litigation would be 

avoided, and the cause of justice would not suffer. Efforts 

have been made to establish courts of conciliation in some 

States, but with little success. 

Supplementary Questions and References 

1. What guarantees are contained in the constitution of your 
State safeguarding the rights of accused persons? Are similar 
rights secured in all countries? 

2. As illustrating the process of trial, obtain and fill out blank 
forms for complaint, warrant of arrest, search warrant, subpoena, 
venire, execution, indictment. 

3. Is the grand- jury system the best method of bringing 
offenders to trial? 

4. What is the established method of selecting petit jurors in 
your State? Can you suggest improvements? Visit a court 
while in session, and observe the selection of a trial jury; also } 
the examination of witnesses. What fees are paid to witnesses 
and jurymen? 

5. Find the meaning of the following terms: Damages, costs, 
stay of execution, injunction, certiorari, habeas corpus (see p. 
209), quo warranto, mandamus. 

6. Topics in this chapter are treated in Bryce, I, chapter 42; 
Beard, chapter 26. Encyclopedia of Social Reform. 

7. President Taft. Delays and defects in the enforcement 
of law in this country, N. Am. Rev., 187 : 851-861; see also 
Outlook, 86 : 321-327. Arena, 32 : 471^80; Atl. Mo., 97 : 
502-508; World's Work, 13 : 8221-8226. 

8. The jury system, Rev. of R's, 37 : 607-608; Arena, 33 : 
510-513. 

9. The swiftness of justice in England, N. Am. Rev., 188 : 
26-39. 



CHAPTER VIII 

CHARITABLE AND PENAL INSTITUTIONS 

The sup- The support of the destitute falls first upon their 

paupers. near relatives; when this resource fails, public charity 
becomes necessary. Much the greatest part of public 
relief is given by local governments. Where the town 
system is strong, the work is in charge of the town board 
or of a special town officer. In the South the county 
commissioners, or other county officers, administer relief. 
In many States, particularly in the West, both town and 
eounty are interested. 
Out-door Two general methods of dispensing alms are practiced. 

(1) Out-door relief means the giving of aid at the home 
of the pauper. This is a convenient method in cases of 
temporary want, and in the relief of persons who are par- 
tially self-supporting. Many local governments make a 
practice of giving goods, or orders for goods, to paupers. 
In rural communities, where the circumstances surround- 
ing every family are well known, this method of relief 
works satisfactorily. But in cities, and in the administra- 
tion of relief by county officers, it is possible for individuals 
to impose upon the public by securing aid when it is not 
deserved. The evil here is not only that of stealing from 
the public treasury, but also the evil of pauperizing the 
individual and the family. This is a place for investiga- 
tion and reform in many communities. Sentimental ideas 
of charity and loose business methods sometimes cause 
the harm of out-door relief to over-balance the good ac- 
complished. 

70 






CHARITABLE AND PENAL INSTITUTIONS 71 

(2) In-door relief. Towns frequently pay for the sup- ln : do«r 
port of their poor in private houses; and paupers are 
sometimes bound out to service on contract. But alms- 
houses, or poor-houses, become necessary when the number 
of paupers is large. These are most usually maintained 
by counties and cities. When a poor-house is located on a 
farm, and when the inmates are kept employed in farming 
and other industries, these institutions become most help- 
ful, and may also be partially or wholly self-supporting. 
The establishment of a poor-house sometimes has the 
effect of decreasing the number of paupers who apply for 
aid from a county. 

Within recent years it has been generally recognized Dependent 
that children should not be kept in poor-houses with adults, 
since such surroundings are exceedingly demoralizing to 
child-nature. There are often State schools for depend- 
ent children, where education and some form of industrial 
training are provided for the inmates. Cities also have 
parental schools. Efforts are made to secure the adoption 
of these children, when of suitable age, into families. 

For the sick and injured, medical attendance is pro- Hospitals, 
vided by local governments. In the cities, hospitals are 
maintained at public expense. 

The question of providing for the unemployed in times The 
of temporary distress is particularly difficult in the large ployed, 
cities. It seems necessary, at times, to establish free 
soup-kitchens and agencies for the distribution of food 
and clothing. Cities have sometimes provided employ- 
ment upon public works in such cases. 

It is often difficult to distinguish between the homeless The tramp 
seeker for employment and the professional tramp, who 
might rather be included among the criminal classes. 
But in most places both are treated in the same way; that 
is, they are fed at the back doors of homes where they 
apply for help. The local government frequently gives 



problem. 



72 CHARITABLE AND PENAL INSTITUTIONS 



these vagrants food and lodging and then sends them on 
to the next town. Or, they may be arrested for vagrancy 
and sentenced to a term of imprisonment. Often the 
city or county keeps them during the winter in a poor- 
house or municipal lodging-house and releases them as 
warm weather approaches. None of these methods of 
treatment is satisfactory because no effort is made to test 
the vagrant's desire to obtain work, or to deter him from 
continuing to lead a life of laziness and dependence on 
charity. Cities that have established wood and stone 
yards, in which the applicant for assistance is compelled 
to earn at least a part of his support, find the number 
of tramps considerably decreased. 

The support of the poor seems, at first glance, one of 
the simplest operations of government, but we have seen 
that numerous difficulties are involved. How can we aid 
the deserving poor, and at the same time avoid making 
them less willing or able to support themselves? The 
same question is, or should be, prominent in all cases of 
private charity; for if charity is unwisely given, it pau- 
perizes the recipient and makes the evil we are trying to 
cure greater, rather than less. 

Defectives. By the defective classes is meant the blind, deaf, and 
feeble-minded. These unfortunate persons are educated 
in public institutions. Public control of defectives is nec- 
essary on the grounds of education, public health, and 
public security. Because of the relatively small numbers 
included and the special treatment that is required, it 
is most economical for the State, rather than for the local 
governments, to care for them. Hence we have the ex- 
cellent State institutions for the blind, the deaf and dumb, 
the insane, and the feeble-minded. 

The insane. In no way can we measure the growth of the humani- 
tarian spirit during the nineteenth century better than 
by contrasting earlier with present methods of treating 



CHARITABLE AND PENAL INSTITUTIONS 73 

the insane. Formerly they were regarded as criminals, 
confined in foul prisons, and brutally treated. Insanity 
is now regarded as a disease, and scientific treatment re- 
sults in the curing of a large proportion of the cases. 
Laws quite uniformly require judicial procedure for the 
committal of an insane person to an asylum. These in- 
stitutions are conducted either by the local or the State 
government. In State hospitals the conditions are most 
favorable for the treatment of those who should be under 
the physician's care. 

"Within recent years a score of States have established The feeble- 
asylums for feeble-minded children, where they receive 
proper educational and industrial training. In a few 
States there are homes for epileptics. 

It was formerly usual to have each charitable insti- state 
tution of a State administered separately by its board of charities, 
directors or trustees. At present, however, central boards 
of charities exist in most States. These are of two kinds: 
(1) Advisory boards, that merely inspect and report recom- 
mendations, each institution having its own board of 
trustees. Such boards are most common, and are com- 
posed of unsalaried officers. (2) A board of control 
may administer the entire charitable system of the State, 
and appoint a superintendent for each institution. Such 
boards are also given power to inspect the construction 
and control of local poor-houses, jails, and asylums. The 
officers of these boards are salaried. The advantage of 
the system of central control is that through it the influ- 
ence of high ideals and scientific methods may be felt in 
the local institutions. 

Methods of punishing criminals have undergone great oidmeth- 
changes since the establishment of the older State gov- punish- 
ernments. At the beginning of the nineteenth century 
the clipping of ears, branding with a hot iron, the stocks, 
and the pillory had not entirely disappeared. Prisons 



74 CHARITABLE AND PENAL INSTITUTIONS 



Modern 
prisons. 



Release on 
parole. 



Reforma- 
tories. 



were foul pens. But the barbarous mutilation and public 
exposure of early times have passed away, and prisons 
are now conducted with some regard to the health and 
comfort of the prisoners. Instances are found in the 
excellent provisions for securing the good health of 
the inmates; for it is recognized that an unsound phys- 
ical condition is often the foundation of a criminal 
nature. 

We now reject that theory of punishment which con- 
siders its only end to be retribution. The principle is 
generally accepted that for the protection of society the 
criminal must not be merely confined and punished, but 
reformed as well. Some practices introduced into State 
prisons indicate the progress of this idea. Prison libraries, 
reading-rooms, and study classes give convicts a chance 
for mental improvement. Very commonly, good conduct 
on the part of the prisoner will result in a reduction of his 
term of imprisonment. It has been urged that no fixed 
term of confinement should be set, but that the convict 
should be held in prison, until, in the judgment of the 
authorities, he is fit to be at large. This system is called 
the indeterminate sentence and has been generally adopted 
in reformatories, besides applying in some States to prison 
sentences. 

In some States the prisoner may be released on parole 
or probation. He must find employment, avoid bad asso- 
ciations, and report periodically to a parole officer. 

Great evil is wrought through the association in prisons 
of first offenders and persons of slight criminal tendencies 
with hardened criminals. For this reason we have State 
reformatories and industrial schools for boys and girls. 
Here they are given an education ai\d taught useful trades. 
Recently, in some States, the younger and less hardened 
offenders among the men have been assigned to separate 
institutions where conditions are made as favorable as 



CHARITABLE AND PENAL INSTITUTIONS 75 

possible for their reformation. If they show themselves 
incorrigible, they are returned to the State prison. 

Recent years have seen the growth in cities of juvenile juvenile 
courts. It is recognized that most children in committing °° u 
illegal acts are not intentionally criminal. The child's 
home, his training, and his environment are responsible 
for his misconduct. It results from misdirected energy 
which cannot find a proper outlet because of the lack of 
opportunity to play.* To arraign him in the police court 
is not only injustice, but may lead to further steps in a 
criminal career. "In the juvenile courts children are 
taken out of a purely criminal process and committed to 
one which is educational, and the court becomes part of 
the child-saving community." 

It is generally agreed that the confinement of prisoners with- Systems 
out occupation is both cruel and demoralizing. Several sys- faborf° n 
terns of prison labor have therefore been tried. 1. The lease 
system, common in some States, permits the sale of prison labor 
to the highest bidder. The prisoners may be employed either 
within or without the prison, and are subject to the control of 
their employers. In many instances they are employed in work- 
ing mines and quarries, living in penal camps, where one would 
scarcely expect to find them surrounded by the proper reforma- 
tory influences. 2. Under the contract system the labor is per- 
formed within the prison, under the usual prison discipline. 
Some form of manufacturing is carried on, the contractors fur- 
nishing the foremen, the materials, and to some extent the tools 
and machinery. They pay a stipulated price for each day's 
labor performed by the prisoners. 3. The piece-price system 
leaves the work of prisoners under the supervision of prison 
officials, the contractors agreeing to furnish the materials and 
to pay a specified price for each piece of the finished product. 
4. Under the public account system the State conducts the entire 
process of manufacture, as an individual might, disposing of the 
product on the market. 

* " Over half the arrests of children in New York city are for playing 
games — in the streets." Outlook, 97 : 135. 



/6 CHARITABLE AND PENAL INSTITUTIONS 

The pre- In the administration of charitable and penal laws we 

vention of . . ■* 

crime and are at present concerned chiefly with relief, punishment, 

pauperism. •, P . t»i tip i 

and reformation. But the systems employed too often tend 
to perpetuate the evils we wish to cure. With the spread 
of more rational ideas concerning pauperism and crime, 
public attention must be directed toward the prevention of 
both. As population becomes more dense in the United 
States, the problems assume greater proportions. We have 
found State control the most satisfactory method of man- 
aging the greater part of the curative processes; it may 
be suggested that the proper preventive measures are 
largely matters for private and local support. But the 
further study of this subject comes more properly within 
the field of sociology than within that of government. 



Supplementary Questions and References 

1. What methods of public and of private charity are em- 
ployed in your community? Is there careful examination into 
the merits of cases? Is there duplication of charities? Which, 
the public or the voluntary work, is on the whole more effective ? 

2. What is your remedy for the tramp problem? See Rev. 
of R's, 37 : 206-212; 39 : 311-316. 

3. Outline the system of State charities in your State. Can 
you suggest improvements? 

4. Many old forms of punishment are described in Earle, 
Curious Punishments of By-gone Days. 

5. What was the condition of prisoners at the beginning of 
the nineteenth century? McMaster, History of the United 
States, I, 98-104- When did prison reform come about ? Amer- 
ican History, p. 304. 

6. What are the effects of exposing offenders to public gaze? 
7-. Do reformatories reform ? Outlook, 89 : 806-810. 

8. What is the penal system of your State ? Look up the re- 
ports of State officers having charge of penal and charitable 
institutions. 



CHARITABLE AND PENAL INSTITUTIONS 77 

9. The indeterminate sentence, Indept, 58 : 1052-1056. 

10. For topics in this chapter see Encyclopedia of Social Re- 
form; Wright, Practical Sociology; Reports of Conferences of 
Charities and Corrections. 






CHAPTER IX 

EDUCATIONAL SYSTEMS 

The maintenance of public schools is a function of 
the State governments. Though the National government 
has aided in this work, as we shall see, its authority does 
not extend over our systems of elementary and higher 
schools. 
School The States have left the regulation of school affairs chiefly 

systems are . • . ... 

mainly to the local governments — counties, towns, cities, and 
control. school districts; but they still exercise more or less control 
over the school systems. There is great variety of ar- 
rangements for the conduct of school government in the 
different States, so that a general description is almost 
impossible. Three types may, however, be distinguished. 
The district (1) Where the pure district type exists, each district 
system. supporting a single school, the chief authority resides in 
meetings of voters. These are similar to town meetings, 
but are held at a different time, since school business is 
kept distinct from town affairs. A small school board is 
elected, and school taxes are levied. 
The (2) The town or township system gathers all the 

+ ; y JJ e m! P schools of a town under one authority; this may be a town 
meeting of voters for school purposes, or, districts may be 
retained as subdivisions of the town, with a school in each. 
The The township school system has some points of advan- 

ri this tages tage, since under it there are fewer schools and these can 
plan * be better graded and equipped. Higher salaries and bet- 

ter teachers are other advantages. Sometimes the town- 
ship has but one school, centrally located. The difficulty 
of the school's distance from the homes of the pupils has 

78 



EDUCATIONAL SYSTEMS 79 

been overcome in some States by the transportation of 
children at town expense. This is cheaper than the main- 
tenance of more schools, and the children gain advantage 
through being members of schools having larger attend- 
ance. 

(3) In the Southern States, the county is divided into 
school districts, and county officers direct school affairs. 

Where the district and township systems exist, it is county 
usual (elsewhere than in New England) to have a county of ?cW? n 
superintendent or board of education from whom teachers 
obtain certificates. These officers also exercise greater or 
less power of supervision over the schools of the county. 

In nearly every State of the Union there is a State super- state 
intendent, or a State board of education, or both. Methods supenasioa 
of selection and organization are various. The superin- 
tendent or the board has authority to interpret and enforce 
the general school laws of the State; and to supervise, in 
a general way, the school system. An additional function 
is "the higher and far more important work of directing 
educational movements, of instructing the people, and of 
creating public opinion and arousing public interest." 

In school affairs, as in other matters of local govern- City school 
ment, each large city has its peculiar system. In many 
cities, the school system is managed as a separate depart- 
ment, and its workings are almost independent of the 
central legislative and executive machinery of the city. 
There are special times for school elections, and the school 
board is not responsible to either council or mayor. In 
other cases, different degrees of relationship exist between 
these authorities. School systems and courses of study are 
most highly developed in cities; here, too, equipments 
are most complete. 

Among the difficulties encountered in the management Politics in 
of school systems, two may be mentioned. (1) The in- affairs. 
traduction of party politics into school affairs is inexcusa- 



80 



EDUCATIONAL SYSTEMS 



The confu- 
sion of 
business 
and profes- 
sional 
functions. 



ble. The popular election of county superintendents, for 
instance, has a tendency to make the office political, 
Tather than professional. Often there is no educational 
qualification prescribed for this officer. The selection of 
members of the board of education in a city for political 
reasons may be detrimental to the best interests of the 
children. 

Another source of difficulty is the confusion of the 
business and the professional sides of school government. 
Boards of education are more competent to supervise 
business affairs, and so generally leave the determination 
of courses of study and methods of teaching to educational 
experts. But other professional affairs, such as the em- 
ployment of teachers and the selection of text-books, too 
often remain within the jurisdiction of the board. This 
body frequently acts under the advice of the superinten- 
dent of schools, but in other cases professional interests 
are subordinated to business or political considerations. 



Special 
features of 
school 
systems. 



The policy of establishing public kindergartens in cities is 
spreading steadily. Manual training, domestic science, and com- 
mercial courses are being adopted and trade schools have been 
introduced in some cities. Separate schools for truants and for 
backward pupils are features of a few city systems. In most 
States there are compulsory education laws, applying uniformly 
to rural and city populations. 



High 
schools. 



Excellent systems of high schools have been developed 
in recent years. Those located in the large cities have 
their own courses of study and methods of management. 
But the high-school systems of villages and small cities 
have been fostered under uniform State laws. 

The people of the United States are lavish in their ex- 
penditures for public education. In the year 1909 the 
entire amount of money raised for the support of the com- 
mon schools was $381,909,526. 



EDUCATIONAL SYSTEMS 81 

Whence, it may be asked, was this enormous revenue 
derived ? From several sources. 

(1) The greatest part, $259,000,000, came from local 
taxation. This emphasizes the fact, already noticed, that 
local governments have the largest share in the control of 
our common-school systems. 

(2) About $58,000,000 was derived from State taxation. 
The proportions of State and local taxes vary greatly in 
the different States. Some levy no State tax whatever for 
this purpose. Sometimes a certain per cent, is levied for 
school purposes on each dollar's worth of property in the 
State. This method of deriving school revenue is com- 
mendable because, in the poorer sections of a State, lack of 
revenue from local sources may keep the schools upon a 
low grade. The State school money can be distributed in 
such a way as to aid these poorer districts. 

(3) The amount of school revenue yielded from miscel- 
laneous sources, State and local, was $42,000,000. 

(4) Permanent school funds and rents form the fourth 
source of revenue— $22,000,000. 

The origin of these funds must now be accounted for. Origin of 
When the States laying claim to the territory north of the funds. 
Ohio River and east of the Mississippi ceded their claims to 
the United States, Congress passed the "Land Ordinance 
of 1785" containing the following provision: "There 
shall be reserved the lot number sixteen of every township 
for the maintenance of public schools within the said ter- 
ritory." * The same purpose is seen in that provision of 
the Ordinance of 1787 which declared that "Religion, 
morality, and knowledge being necessary to good govern- 
ment and the happiness of mankind, schools and the means 
of education shall forever be encouraged." Nowhere do we 
find better stated the ultimate purpose of public education. 

* American History, pp. 189, 280-281; Hinsdale, The Old Northwest, 
259. 



82 



EDUCATIONAL SYSTEMS 



National 

laud 
grants. 



Other aids 
to public 
schools. 



Higher 

educatioa. 



The policy thus asserted was carried into execution 
whenever any State in which the United States owned 
lands was admitted to the Union. In each case section 
sixteen of each township was set aside for the support 
of the common-school system. Since 1848 each new 
State has received for this purpose both section sixteen 
and section thirty-six of every township. When, there- 
fore, these lands were sold to settlers, the proceeds were 
gathered into permanent school funds; these were invested 
in interest-bearing securities, and the income derived 
therefrom is annually distributed among the schools. 

These funds have been increased in various ways. To 
most of the Western States Congress gave 500,000 acres 
of land, to be devoted, originally, to the support of in- 
ternal improvements. Some of the States have dedi- 
cated the proceeds of these lands to educational uses. 
Many States have received swamp and salt lands, which 
in some cases have gone to increase school funds. Since 
the National government owned no lands in the original 
States, they have not been benefited by its generosity in 
the donation of lands. But many of these States have set 
aside their own wild lands and in other ways have estab- 
lished permanent school funds. 

The colleges and universities and technical schools of 
the United States number 493. Of these, the greater 
number are supported by endowments and donations from 
private sources. Most States, particularly in the West, 
tax the property of their citizens to support State universi- 
ties. The Federal government has been as generous in 
the support of higher education as in the aid granted to 
the common schools. When the sale of lands in the 
Northwest Territory was authorized, Congress provided 
that not more than two complete townships (seventy- two 
square miles) of land should be given to each State therein 
erected for the support of higher education. Every nsv. T 



EDUCATIONAL SYSTEMS 83 

State in which the United States owned land has reaped Federal 
the benefit of this policy, some having received more than 
two townships. In some of the older States, these lands 
and the common-school lands were sold at very low prices. 
Bad management in this respect, and in the care of the 
funds thus established, has caused immense loss to these 
States. The newer States, profiting by this experience, 
have been more judicious. 

In 1862 Congress granted to each State of the Union, Agricul- 
and to each new State to be admitted later, as many times colleges. 
30,000 acres of land as it had Senators and Representa- 
tives in Congress. The income of the funds arising from 
the sale of this land was to support colleges of agriculture 
and mechanic arts.* In 1887 each State was given $15,- 
000 annually for the support of agricultural experiment 
stations. By a law of 1890 this amount was to be in- 
creased by $1,000 each year until the appropriation 
reached $25,000 for each State. This law provided that 
this money " shall be applied only to instruction in agricult- 
ure, the mechanic arts, the English language, and the vari- 
ous branches of mathematical, physical, natural, and eco- 
nomic science, with special reference to their applications 
in the industries of life and to the facilities for such in- 
struction." Technical schools are in this way aided in 
many States. 

In connection with the systems of higher education we Profes- 
find professional schools of various kinds. These in- schools, 
elude colleges of law, medicine, dentistry, pharmacy, 
veterinary medicine, and normal schools. Commercial 
and business courses are a feature in a large number of 
colleges, universities, and high schools. 
* American History, p. 389. 



84 EDUCATIONAL SYSTEMS 



Supplementary Questions and References 

1. Study the organization of the school system in your State, 
(a) What is the unit of school taxation? Of administration? 
Should these be larger or smaller? 

(6) What officers conduct school affairs? Can you suggest 
improvements in the system ? 

(c) How is school supervision secured? Is it effective? In 
what ways does the State control the common-school system ? 

(d) What are the laws of the State upon the subject of com- 
pulsory education ? text-books ? 

(e) Study the revenues and expenditures of your school system. 
Comparison with other States in different sections of the country 
is possible from the reports of the Commissioner of Education. 

(/) Ascertain the amount of Federal aid received by your State 
for education. 

2. Students may get ideas for the graphic representation of 
educational statistics from the Report of the Commissioner of 
Education, 1897-98, pp. lxxxvii-xcvii. 

3. History of land grants for schools. Boone, Education in 
the United States, 88-93; Hart, Essays on American Govern- 
ment, 244-247. 

4. Education in colonial times. American History, 94, 97, 98, 
133; Commissioner of Education, 1896-97, II, 1165; McMaster, 
History of the United States, I, 24-27; Earle, Child Life in Co- 
lonial Days; Lodge, Short History of the English Colonies in 
America, 74-76, 464-467; Fiske, Old Virginia, II, 245-253; 
Boone, Education in the United States, 9-19. 

5. Use of lotteries in support of schools. Boone, 87-88. 

6. Recent educational progress. American History, 522-523; 
Eliot, Good Urban School Organization, Indept., 56 : 416-422. 



CHAPTER X 
THE EXERCISE OF THE POLICE POWER 

We are accustomed to associate with the word " police" Meaning 
the idea of a body of officers to whom the enforcement of term 
law is entrusted. But the legal significance of the word power. 
is much broader. In this sense we speak of the police 
power of a State as its system of internal regulation "by 
which persons and property are subjected to all kinds 
of restraints and burdens in order to secure the general 
comfort, health, and prosperity of the State," i. e., of the 
citizens. It is assumed that all property of the State is 
held subject to those general regulations which are neces- 
sary for the common welfare. So, too, in the conduct of 
private business and in the family and social relations of 
life, citizens are not entirely free to determine their own 
conduct; but through its police regulations the State in- 
sures "to each the uninterrupted enjoyment of his own 
rights so far as is reasonably consistent with a like enjoy- 
ment of rights by others." * 

We are most familiar with the police regulations that 
are calculated to preserve public order and prevent of- 
fences against persons and property. A number of other 
instances in which the police power is used will now be 
noticed. 

(1) Individuals are subjected to governmental control Health and 
for the preservation of public health. Until recent years, 
health and sanitary laws were matters of local govern- 
ment only; but at present State boards of health are 
almost universal. The establishment of these boards has 

* Cooley, Constitutional Limitations, 704, 706. 

85 



sanitation. 



86 THE EXERCISE OF THE POLICE POWER 



Govern- 
mental 
activity in 
care of 
public 
health. 



Protection 

from 

danger. 



made the regulations upon this subject more uniform; 
at the same time the administration of laws has be- 
come more thorough. For popular ignorance and preju- 
dice often prevent the execution of adequate sanitary 
measures. This is especially true when contagious dis- 
eases prevail. Stringent regulations then become neces- 
sary for disinfection, isolation, and quarantine. Local 
boards of health exist in the cities, but they are not so 
common in rural districts. These boards are made sub- 
ject to control by State boards. 

In the interest of public health, private property may 
be declared a nuisance and removed or destroyed at 
private expense. Many cities have officers who inspect 
plumbing and appliances for sewage disposal. The chem- 
ical examination of water supplies reveals an important 
source of disease. A number of cities have forbidden ex- 
pectoration in street-cars and public places. The estab- 
lishment of hospitals and sanitariums for tuberculous 
patients has been begun in some localities. Health re- 
gulations also extend to the examination of horses and 
cattle and their condemnation when diseased. 

Recently much attention has been given to the inspec- 
tion of foods and of the places where food products are 
made.* Milk and dairy inspection is common. The 
analysis of canned and packed foods is necessary be- 
cause an increasing proportion of our foods are prepared 
in factories, instead of in the home. 

(2) The public is protected from danger in other ways 
than by these health regulations; for instance, by laws 
requiring that buildings containing halls for public as- 
semblages shall have doors that swing outward, and by 
laws compelling the erection of fire-escapes on tall build- 
ings. In cities, wooden structures may not be built 

* The National government has taken up this subject in its pure food 
laws. See p. 178. 



THE EXERCISE OF THE POLICE POWER 87 

within the "fire limits" that are prescribed by ordinances. 
Private property may be destroyed to prevent the spread 
of fire. 

The law regulates certain kinds of business on the 
ground that carelessness might render them injurious 
to individuals or to the public. For this reason the sale 
of explosives, fire-arms, and poisonous drugs is accom- 
panied by legal restraints. So in the use of a public 
wharf or a market-place, the interests of the few must 
be subordinated to the welfare of the greater number. 

(3) The conduct of individuals upon public highways Travel and 
is subject to legal control; the law may fix the rate of 

speed and require vehicles to turn to the right. Travel 
by water is likewise regulated. The States declare cer- 
tain rivers and lakes within their limits to be navigable 
waters; these become highways, open to the public* 
Consequently, such matters as the conduct of vessels, 
the building of dams, bridges, and docks, are regulated 
under the police power of the States. 

(4) Persons and corporations are subject to police regu- Common 
lation because of the nature of the service they render, as 

in the case of the "common carriers." A common car- 
rier is "one who holds himself as a carrier, inviting 
employment by the public generally. The most familiar 
classes of common carriers are railroad companies, stage 
coach proprietors, expressmen, truckmen, ship-owners, 
steam-boat lines, lightermen, and ferrymen." Any per- 
son falling within this definition "is bound to serve with- 
out favoritism all who desire to employ him, and is liable 
for the safety of goods entrusted to him, except by losses 
from the act of God or from public enemies, or unless 
special exemption has been agreed upon; and in respect to 
the safety of passengers carried he is liable to injuries 

* But if they are used in interstate or foreign traffic, they are subject 
to control by the Nationa' government. See p. 176. 



88 THE EXERCISE OF THE POLICE POWER 



The con- 
trol by 
States of 
public 
utilities. 



The conser- 
vation of 
natural 
resources. 



Restricted 
employ- 
ments. 



which he might have prevented by special care" (Cen- 
tury Dictionary). 

The most important common carriers are the railroads, 
and recently there has been a tendency to regulate them 
more stringently through State commissions. In some 
States these bodies have the power to fix the maximum 
rates that may be charged for freight and passenger 
traffic. Other public utility industries, such as those fur- 
nishing water, lights, and street-car services in cities are 
made subject to control by State authorities in some cases. 
The same may be said of telephone and telegraph com- 
panies. Legal restraints are imposed upon these busi- 
nesses, not only because they are in the nature of public 
industries, but also because they tend to become monop- 
olies, and hence may abuse their power. 

(5) Within recent years it has become apparent that 
our great industrial growth has resulted in the rapid ex- 
haustion of our natural resources — soil, forests, mines, and 
water-power; and that the supply of the products from 
some of these has passed into private hands. Hence has 
arisen the demand for the conservation, and for State con- 
trol, of the remaining resources that are still public prop- 
erty. This involves such projects as the making of forest 
reserves; the construction of reservoirs for irrigation pur- 
poses and for regulating the flow of rivers; the taxation 
of mineral products; the policy of leasing water-power 
sites, instead of granting them outright. Such measures, 
adopted by many of the States, show an interesting ex- 
tension of State functions.* It was to discuss the general 
subject of conservation that a conference of governors 
met at Washington in 1908. (See American History, 523.) 

(6) Certain employments and practices are forbidden 
or placed under restrictions because they are in them- 

* The National government has entered upon a similar policy. See 
p. 285. 



THE EXERCISE OF THE POLICE POWER 89 

selves immoral. The pursuit of gambling in its various 
forms falls under this head. The State interferes to 
prevent the infliction of cruelty upon animals because 
acts of this nature are immoral; and also because the 
moral sense of people is shocked by the sight or knowl- 
edge of their occurrence. Partly on the ground of the 
immorality of intemperance, and partly because of the 
dangers with which the public is threatened through this 
vice, the manufacture and sale of intoxicating liquors is 
the subject of State control. 

In the regulation of employments, for whatever rea- Licensed 
son, it is customary for the State to require licenses. mentsT 
This is for the purpose of preventing persons from enter- 
ing these employments indiscriminately. Accompanying 
the license is a fee, the amount of which may be (1) sim- 
ply sufficient to cover the expense of inspection and regu- 
lation; or (2) it may be large enough to discourage or 
even to render impracticable the pursuit of the licensed 
business.* In its legal aspect, then, a business which is 
licensed is presumed to be legitimate, but to require regu- 
lation in order that the public may not suffer from abuses 
that may arise in connection with it. 

The laws regulating the manufacture and sale of intox- Liquor 
icating liquors are very numerous. Some of the most 
common of these prohibit the sale to minors, to intoxicated 
persons, and to habitual drunkards; also, the sale of 
liquors is forbidden on Sunday, on legal holidays, election 
days, and during certain hours of the night. The follow- 
ing restrictions are found in different States. There shall 
not be more than one saloon to a certain number of in- 
habitants. There shall be no saloon within certain dis- 



* The term "license fee" is often attached to taxes; e. g., the license 
fees paid under United States law on the manufacture and sale of liquors. 
The idea here is simply the gaining of revenue. Many States require 
license fees with the sole purpose of raising revenue. See p. 59. 



laws. 



90 THE EXERCISE OF THE POLICE POWER 

tances of public schools, colleges, churches, or parks. 
Screens and all obstacles to a clear view of the place where 
liquor is sold are prohibited. In some States liquor must 
be sold only with eatables or in connection with lodging- 
houses and hotels. In other States liquor must be never 
sold under these conditions. The consent of the owners 
of property in the same block or near the saloon is some- 
times required. Liquor dealers are made responsible for 
damage caused by an intoxicated person who is known 
to be dangerous when under the influence of liquor. 
Prohibitory The governmental regulation of this business has ex- 
tended in a number of States to the absolute prohibition of 
all manufacture and sale of intoxicating liquors. Prohib- 
itory laws "are looked upon as police regulations estab- 
lished by the legislature for the prevention of intemperance, 
pauperism, and crime, and for the abatement of nuisances."* 
Under the system of "local option" that exists in most 
States, each local government (town, village, and city) 
may settle the question of liquor selling for itself. Some- 
times "resident districts" in cities are given the privilege of 
excluding saloons. Recently " county option " has become 
an issue in many States. Where adopted, this gives the 
voters opportunity to refuse licenses in an entire county; 
but if the majority favor licensing, the local units may 
still vote to be "dry." f 
Enforce- The difficulties in the enforcement of prohibitory laws 

prohibition, may be grouped under several heads. (1) In certain 
localities, particularly in cities, we find the lack of pub- 
lic sentiment favorable to their enforcement. In these 
places officials have sometimes engaged systematically in 
the practice of fining or taxing saloon-keepers without 
attempting to enforce the prohibitory laws. (2) There is 

* Cooley, Constitutional Limitations, p. 718. 

t It is estimated that in 1909 two-fifths of the territory and almost 
one-half of the people of the United States were under prohibition laws. 



THE EXERCISE OF THE POLICE POWER 91 

great difficulty in preventing the importation of liquors 
into prohibition States. (3) Since the use of alcoholic 
liquors for medicinal and mechanical purposes is exempted 
from the prohibition, druggists are licensed to dispense 
them under prescription by a physician or some similar 
regulation. This leads to violation of the law, drug-stores 
sometimes becoming saloons in everything but name. (4) 
There are a multitude of devices for evading prohibitory 
laws, many of which involve official perjury and corrup- 
tion. 

High license means the exaction of large license fees High 
for the purpose of discouraging the liquor business. The 
combination of local option and high license exists in 
some States. The fees are in some cases $500 or more. 
Saloons in cities may be required to pay more than those 
in towns of the same State, $1,000 being not an unusual 
amount for the former. 

The granting of licenses is most frequently in the hands 
of the local governing board. Bonds, which are liable 
to be forfeited for non-compliance with the law, may be 
required of the licensee. Sometimes special commissioners 
are given charge of the entire matter of granting and re- 
voking licenses. The exercise of these powers by officers 
opens another avenue through which corrupt influences 
enter politics. The control . of the liquor business by 
licensing authorities and by the police should receive the 
constant attention of citizens. In no other way will the 
enforcement of law be secured. 

(7) The insurance business and that of banking furnish state 
other instances of State control exercised over private en- banking 
terprises. Among the administrative officers of the State insurance, 
is the Insurance Commissioner. It is his duty to enforce 
the State laws that regulate the manner in which insur- 
ance companies shall conduct their business. The pro- 
tection of the public against fraudulent and careless busi- 



92 THE EXERCISE OF THE POLICE POWER 

ness methods is seen also in the State banking laws. 
Inspectors are sent to investigate the condition and methods 
of banks that operate under State laws.* In a few in- 
stances laws have been enacted under which banks are 
obliged to contribute small sums annually to a guarantee 
fund; this fund is drawn upon in case any bank fails, 
as a source from which its depositors are reimbursed. 
This is called "the guarantee of bank deposits." 

Supplementary Questions and References 

1. Make a list of the topics in this chapter upon which you 
know of some law in your State. Are these laws beneficial ? Are 
they enforced ? 

2. Upon the recent industrial advance and changes in methods, 
see American History, 516-517, 520, 521, 523. 

3. State control of water-power, Rev. of R's, 39 : 57-62; Soil 
erosion in the South, ibid., 39 : 439-443; Water-powers of the 
South, ibid., 41 : 68-76; New York's conservation of water re- 
sources, ibid., 41 : 77-87; Forestry in the States, ibid., 41 : 
465^66. 

4. The liquor problem and prohibition, Rev. of R's, 36 : 328- 
334; 749-750; 37 : 468-476; 480-481; Arena, 33 : 134-142. 
In the South, Atl. Mo., 101 : 627-634; Outlook, 86 : 943-944; 
947-949. 

5. Railway regulation by States. Indept., 68 : 905-910 
(Wisconsin); Rev. of R's, 34 : 346-347 (Texas); World's Work, 
13 : 8333-8337. 

6. Bank deposit guarantee in Oklahoma, Rev. of R's, 39 
499-500; ibid., 37 : 340-347; Indept., 65 : 418-419. 

7. Regulating the milk supply, Rev. of R's, 36 : 360-362 
585-593. 

8. The conference of Governors, Outlook, 89 : 138-140 
145-148. 

* National banks operate under United States law. See p. 187. 



CHAPTER XI 

LABOR LEGISLATION 

The laws that fall under this designation are very 
similar in their general purpose to those through which 
the State exercises its police power. It will be conven- 
ient to consider these laws as grouped into several classes. 

(1) There are laws that relate to the age of workers Labor of 
and the hours of labor. Attention was early called to the chiKren!! 11 
necessity for labor legislation because of the employ- 
ment of young children in factories and the long hours 

of service for women and children. State laws now 
quite generally prohibit the employment of these persons 
for more than ten hours a day, or sixty hours a week. 
The employment of children in factories and mercantile 
establishments is made illegal, though the age limit varies 
from ten to fourteen or sixteen years. Accompanying 
these laws are requirements that children be given a mini- 
mum number of months' schooling each year. 

There has been much agitation in favor of a legal 
eight-hour day for workmen. The employees of the 
National and of many State governments work under 
this rule. In private employment, freedom of contract 
is generally allowed for adult male laborers; but there 
are exceptional industries in which the law limits the 
number of hours, either for the benefit of the laborer, or 
for public safety. Mining and railway employment are 
examples of such industries. 

(2) The second class of labor laws specify the condi- Safety and 
tions under which labor may be carried on. They regu- en^ioyees. 
late the manner in which factory buildings shall be 

93 



94 



LABOR LEGISLATION 



Wages. 



Trade 
unions. 



Strikes. 



Arbitration 
of labor 
disputes. 



constructed and ventilated; the lighting and sanitation 
of these buildings must conform to certain requirements. 
Under certain conditions, seats must be provided for 
employees. The hours for meals must be reasonable. 
Sweat-shops are prohibited. Steam boilers are inspected 
and engineers are examined. Machinery must be so 
placed and guarded that employees will not be compelled 
to work in dangerous situations. Mines, in particular, 
are subject to State laws intended to secure the safety of 
miners. 

(3) The relations of employers and employees, and of 
both to the public, form a very important but complicated 
subject of legislation. There are laws regulating the 
time for the payment of wages, and prohibiting the truck 
system. Other laws forbid blacklisting and boycotting. 
The liabilities of employers for damages, because of acci- 
dents in which employees suffer, are fixed in many States 
by legislation. Trades unions and their members have 
received legal protection in various ways; for instance, 
laws prevent the discharge of employees for the sole reason 
that they are members of these organizations. 

One of the most difficult subjects of legislation in this 
field is that relating to labor conflicts. Laws which under- 
take to control strikes and lock-outs are being supple- 
mented by others calculated to prevent these labor wars.. 
In about one-half the States, boards of arbitration and 
conciliation have been established. These boards are em- 
powered to offer their services to aid in the settlement of 
disputes between employers and employed, and to inves- 
tigate and report facts concerning strikes. But nowhere 
in this country has the compulsory arbitration of labor 
disputes been made legal. When a strike occurs in a 
business that is a public utility {e. g., a street-car line), it 
would seem that the interests of the public should be 
guarded in such a way as to secure the continuance of the 



LABOR LEGISLATION 95 

service by compulsory process, if necessary, until the dis- 
pute is settled. 

When damage to property or to business interests has been injunc- 
threatened by strikes, courts have granted injunctions which tlons - 
forbid the strikers doing certain acts, such as damaging property 
or intimidating others who wish to work. When an injunction 
is violated, the judge who issued it may sentence the guilty 
person to punishment without a formal trial. By this means 
the acts of strikers were controlled. Much opposition has arisen 
to this method of dealing with these cases; it is called "govern- 
ment by injunction." 

The relations between workmen and their employers are The com- 

nion Islv? 

determined primarily by the rules of "common law." This is 
that body of law " which originated in the common wisdom and 
experience of society, in time became an established custom, 
and has finally received judicial sanction and affirmance in the 
decision of the courts of last resort."* It is found in reported de- 
cisions of courts and in legal text-books of established author- 
ity. But the new conditions of modern industrial life have 
rendered necessary statute laws which modify and supplement 
the rules of the common law. 

(4) The enforcement of labor laws is a duty of State 

and local officers; but in nearly every State of the Union Labor 
there have been created bureaus of labor having more or 
less complete powers over the administration of labor 
law r s. In some cases the powers are merely those of col- 
lecting statistical information and of inspection in the ordi- 
nary sense of that term; in these ways much valuable in- 
formation concerning conditions of labor is made public. 
But the power of enforcing labor laws is often vested in 
these bureaus, or in special officers called factory inspec- 
tors, who devote their time to this matter. 

(5) Looking toward the prevention of evils and con- 
flicts in the industrial world, we find the establishment, by industrial 
city and State governments, of industrial and technical 
schools and the incorporation of manual training courses 

* Robinson, Elementary Law, 2; Dole, Talks about Law, 8. 



96 LABOR LEGISLATION 

in the common schools. For with the increased intelli- 
gence and skill of workmen will come increased respect 
for their rights, and more reasonable settlement of their 
relations to capitalists. 

Some laws have been passed, and others are under con- 
sideration, upon many important subjects relating to labor, 
besides those mentioned in this chapter. Such subjects 
are: old age pensions, employers' liabilities, industrial in- 
surance or compensation for loss due to sickness or in- 
juries, State employment bureaus, and the regulation of 
industries that are injurious to health of employees. 



Supplementary Questions and References 

1. Find in the statutes of your State provisions regulating 
the employment of labor. Has your State an efficient system 
of factory inspection ? 

2. When were the first factory acts of England passed ? Gar- 
diner, History of England, 911, 927. 

3. What value have the statistics that are collected by labor 
bureaus ? 

4. What has been accomplished in your State toward the 
peaceful settlement of labor disputes ? 

5. The use of injunctions in connection with labor troubles. 
Indept, 65 : 348-351; 460-463. 

6. Why are the economic functions of government increasing ? 

7. Labor legislation. Stimson, Labor in its Relations to Law. 
By the same author, Handbook to the Labor Laws of the United 
States. 

8. What are blacklisting, boycotting, picketing, sweat-shops? 
See dictionaries and Encyclopedia of Social Reform. 



PART II 

THE NATIONAL GOVEENMENT 



CHAPTER XII 

STEPS LEADING TO UNION 

A notable fact presents itself as we consider the re- Colonial 
lations of the colonies prior to the Revolutionary war. 
There was a general indifference toward union, and it 
was only by slow and arduous steps that union was finally 
accomplished. This may be partially accounted for, if it 
be recalled that the early settlements were usually found 
scattered along the coast, each with its own harbors and 
interior waterways. Lack of roads, together with the 
primitive methods of travel then in use, rendered extended 
intercommunication wellnigh impossible. Besides, each 
colony had its own separate government, and different 
religious beliefs and practices tended to produce distrust 
and dislike among the colonists. There were, however, 
some strong bonds of sympathy. Their language and in- 
stitutions were mainly English, and they were interested 
in the development of liberal government. Again, a com- 
munity of interests was created in the necessity for pro- 
tection against their Indian, French, and Dutch foes. 
In general, it may be said that confederation was early 
brought about through the need for defence, but union 
has been the fruit of long years of transformation an* 1 
assimilation. 

97 



STEPS LEADING TO UNION 



The New 
England 
confedera- 
tion. 



In ter; 

colonial 

conferences 

between 

1690 and 

1754. 



Penn's plan 
of union, 
1697. 



In 1643 the four colonies — Massachusetts Bay, New 
Plymouth, Connecticut, and New Haven— entered into a 
league ("for mutual help and strength in all our future 
concernments") known by the name of the United Col- 
onies of New England. This confederation was neces- 
sary, because the English government, then in the midst 
of the Puritan revolution, was unable to furnish the colo- 
nists protection against their Dutch, French, and Indian 
enemies. In the annual meetings of the commissioners, 
two being sent by each colony, questions pertaining to 
war, peace, and relations with the Indians were discussed. 
This central government possessed only advisory power 
over the colonies, and had no power whatever over the 
individual citizens. The confederation was finally dis- 
solved in 1684. 

During the intercolonial wars the colonists were in con- 
stant danger from attacks by the French and Indians. 
The meeting at New York in 1690 of commissioners from 
Massachusetts, Plymouth, Connecticut, and New York 
"to fix upon such methods as should be judged most suit- 
able to provide for the general defence and security and 
for subduing the common enemy," was the first of about 
a dozen such intercolonial conferences. Through these 
meetings, and especially by the co-operation of the forces 
of the various colonies in the army and the navy, social 
and religious prejudices were weakened and the senti- 
ment for union was stimulated. In 1697 William Penn 
presented to the Board of Trade a plan for the union of 
the colonies which, though not adopted, is of interest, for 
it contained the first use of the word "Congress" in con- 
nection with American affairs. The plans presented for 
the fifty years following were largely fashioned after this 
model. 

The Lords of Trade, knowing that a general colonial 
war, caused by French aggression, was inevitable, directed 



STEPS LEADING TO UNION 99 

that a Congress, consisting of delegates from all the colo- 
nies, should assemble at Albany for the purpose of mak- The Albany 
ing a treaty with the Iroquois Indians and considering 1754. 
other means of defence. The suggestion was made in 
America that the commissioners should also draw up 
some plan for colonial union. This Congress, consist- 
ing of twenty-five of the leading men from seven different 
colonies, was an important advance toward union. A 
treaty with the Indians was secured. The Congress then 
adopted unanimously the resolution that "A union of all 
the colonies is at present absolutely necessary for security 
and defence." A plan of union, drawn up by Benja- 
min Franklin and known as the Albany plan, was also 
adopted. This plan provided for a Governor-General to 
be appointed by the Crown and a grand council to be 
composed of delegates elected by the colonial assemblies. 
The assemblies rejected the plan, for they objected to the 
presence of a royal officer. The English government did 
not approve the plan, for it was thought too democratic. 

Stirred by the various acts of the English government The stamp 
and especially by the passage of the Stamp Act, the Mas- gr ess, 1765. 
sachusetts House of Representatives issued an invitation, 
to the other colonial assemblies, to send delegates to a 
general meeting. Nine colonies responded by sending 
twenty-eight men to the Congress which assembled in 
New York, October 7, 1765.* They were in session two 
weeks and during this time petitions to the English gov- 
ernment and a declaration of rights were formulated. 
This declaration is of importance in that it sets forth for 
the first time the united views of the colonists relative to 
questions which were to form the basis for revolution. 
The Congress declared the rights of the colonists to be the 
same as those of natural born subjects of England. It is 

* Virginia, New Hampshire, Georgia, and North Carolina sympathized 
with the movement but did not send delegates. 



100 



STEPS LEADING TO UNION 



The First 
Continen- 
tal Con- 
gress, 1774 



The Second 
Continen- 
tal Con- 
gress, 1775. 



notable that here again representatives had assembled 
on the motion of the colonists themselves. An advanced 
position was taken by Christopher Gadsden of South 
Carolina, who asserted: " There ought to be no New 
England man, no New Yorker, known on the continent; 
but all of us Americans." During the following year the 
Stamp Act was repealed. 

The policy of coercion was still continued by the Eng- 
lish government, and finally the repressive acts of 1774 
were passed. Again Massachusetts, June 17, 1774, under 
the leadership of Samuel Adams, called for a congress 
of all the colonies and hastened the meeting through its 
committee of correspondence. Delegates from all of the 
colonies, with the exception of Georgia, assembled at 
Philadelphia, September 5, 1774. In this Congress, with- 
out legal status, its representatives having been chosen 
ordinarily by irregular congresses and conventions, there 
were again some of the most influential men in America. 
Resolutions were passed approving the action of Massa- 
chusetts in her resistance to the measures of Parliament, 
and a Declaration of Rights was prepared. In this Dec- 
laration was asserted the right of exclusive legislation in 
the colonial legislatures, limited only by the negative of 
"their sovereign in all cases of taxation and internal polity." 
An "association" was adopted, binding the colonists not 
to import or consume British goods after December, 1774, 
and not to export goods to England or her colonies after 
September, 1775. Congress advised the appointment of 
committees in every locality who should recommend that 
the colonists should have no dealings with persons who 
would not observe this policy. Such committees were 
quite generally organized. 

The resolutions of the First Continental Congress had 
little influence on the English government, and other 
measures were quickly passed carrying out the policy of 



STEPS LEADING TO UNION 101 

repression. Before the Second Continental Congress as- 
sembled, the battle of Lexington had been fought and the 
American forces were then holding Boston in a state of 
blockade. This Congress convened in Philadelphia, May 
10, 1775, and continued in session, with adjournments 
from time to time, until March 1, 1781. 

All of the colonies were represented, and nearly all of Organiza- 
the delegates had been members of the First Continental Congress. 
Congress. The members sat behind closed doors and 
were enjoined to keep all matters of discussion absolutely 
secret. It was determined that each State should have 
one vote and that final authority on all questions should 
rest with a majority of the States assembled in the Con- 
gress. 

Like previous Congresses, this one was, at first, merely Authority 
an advisory body. It was expected that all matters would Congress. 
be reported back to the States for instructions, but the 
crisis had come and the situation compelled Congress to 
exercise sovereign powers. 

Congress at once took control of military affairs and Powers 
called Washington to the command of the army which it Jy ercise 
created. It provided for a national currency; organized ongress ' 
a general post-office; and threw open American ports to 
the ships of all nations. It furthered union and indepen- 
dence by the appointment of a committee to formulate the 
ideas on independence then prevalent; and of another 
committee to prepare the form of confederation to be 
entered into. Between May 10, 1775, and July 4, 1776, 
the change in sentiment was rapid. King George III. 
refused to return a formal answer to their last petition and 
proclaimed the colonists " dangerous and ill-designing 
men." Heretofore, the colonists had striven for a union 
of thought and action, which they believed to be the 
best means to secure those rights which were every- 
where the heritage of Englishmen. When the result of 



102 



STEPS LEADING TO UNION 



The Dec- 
laration of 
Indepen- 
dence. 



The colo- 
nies made 

States. 



The Arti- 
cles of Con- 
federation. 



the last petition became known, October 31, 1775, there 
was no longer any hesitancy with regard to the course 
to be pursued. Henceforth, they were to gather additional 
inspiration as they strove to secure rights regarded as 
common to all mankind. These new views were em- 
bodied in the Declaration of Independence. 

Even before the adoption of the Declaration of Inde- 
pendence, Congress recommended, having been appealed 
to for advice by New Hampshire, South Carolina, and 
Virginia, that new forms of government should be estab- 
lished. By the year 1777 ten States had framed new con- 
stitutions. 

The problem of the relations between the general gov- 
ernment and the States was second in importance only 
to the problem of the winning of independence from Eng- 
land. The State legislatures were held in greater respect 
than was the Continental Congress. It became clear, 
then, to some of the leaders, that if union were to be pre- 
served, it would be necessary to have a government more 
effective than a revolutionary assembly. As early as July 
21, 1775, Franklin had seen this need and had presented 
to Congress a plan for " Perpetual Union." Action 
was postponed by Congress, and Richard Henry Lee, 
the following year, offered in connection with his resolu- 
tion for independence another resolution for the drafting 
of the Articles of Confederation. On June 12, 1776, the 
day on which the committee was appointed to draw up 
a Declaration of Independence, Congress also named a 
committee, consisting of one member from each colony, 
to prepare a form of confederation to be entered into be- 
tween the colonies. The report of this committee was 
submitted one month later by its chairman, John Dickin- 
son. A year and four months, a most momentous period 
in the history of our country, was to elapse before the 
Articles, as amended, were adopted by Congress and 



STEPS LEADING TO UNION 103 

submitted to the State legislatures for approval.* Three 
years and a half more elapsed before Maryland, the last 
State, ratified, March 1, 1781. 

The adoption of the Articles of Confederation marks Nature of 

P , . . , , . p , the govern- 

one or the most important events in the history or the mentes- 

tablished. 

United States. While it must always be regarded as a 
weak instrument of government, we must not forget that 
the Continental Congress worked along entirely new 
lines, for never before had a confederation so extended 
as this been even proposed. That there should be a 
general desire for union, no matter how weak the tie, was 
of great significance. The Articles provided for a Con- 
gress to be composed of not less than two nor more than 
seven delegates from each State. Delegates were to be 
appointed as the State legislatures should direct. To 
each State was given one vote in Congress. 

The weaknesses in the government were mainly these: Defects in 
Congress might make the laws but could not enforce meat? ve 
them. The general government had no power of taxa- 
tion, but was obliged to depend upon the State legislatures 
for necessary revenues. There was no separate executive 
to enforce and no judiciary to interpret the laws. No 
important resolution could be passed in Congress without 
the votes of nine States, and the Articles could not be 
amended except by the ratification of all the States. Con- 
gress acted on the States and not on individuals, but it 
had no power to coerce the States. "Its function was to 
advise, not to command." 

The fatal lack of organization in the government early p rac ti C ai 
produced momentous results. While the war continued, X r g I V ern- 
union for self-preservation was necessary; but when peace ment ' 
ensued, the principle of local self-government in the States 
became more manifest. Washington saw the trend of 

* From July 11, 1776, to November 17, 1777. See American History, 
pp. 184-186. 



104 STEPS LEADING TO UNION 

affairs, and in a circular letter to the governors of the sev- 
eral States, shortly before his resignation as commander 
of the army, expressed his views in the following words: 
"Unless the States will suffer Congress to exercise those 
prerogatives they are undoubtedly invested with by the 
Constitution, everything must very rapidly tend to an- 
archy and confusion. ..." Had this appeal been appre- 
ciated by the States, the condition of anarchy which fol- 
lowed would not have occurred. But the jealousy of the 
States for the central government continued to increase; 
the State interests became dominant, and that most dan- 
gerous period of our history, extending from 1783 to 1788, 
well called the " critical period," succeeded. It was ap- 
parent that the government under the Articles of Confed- 
eration was a failure and that the Nation was drifting 
rapidly toward anarchy and open rebellion. Fortunately 
in this darkest hour there came forward Washington, 
Franklin, Hamilton, Madison, and other leaders who were 
prepared, if need be, to make compromises, but who were 
determined to preserve the elements of union already 
secured. 

Supplementary Questions and References 

1. For a discussion of the topics in this chapter see American 
History, chapter 12. 

2. Who were the Lords of Trade, and what was their attitude 
toward the colonies? Why was the spirit manifested by the 
colonial governors a cause for co-operation between the colonies ? 
Why was Federal union hopeless ? Fiske, American Revolution, 
I, 1-6. 

3. Why were not the colonies of Rhode Island and Maine 
included in the New England Confederacy? Fiske, Beginnings 
of New England, 155-158. 

4. Read the Articles of Confederation of the United Colonies 
of New England. American History Leaflets, No. 7. 1. Rea- 
sons for " consotiation." 2. In what way were the apportion- 



STEPS LEADING TO UNION 105 

merits of men and expenses to be made? 3. The numbers, 
qualifications, and authority of the commissioners? 4. The 
significance of the provision relative to fugitives? 5. Reasons 
for the dissolution of the league? Fiske, Beginnings of New 
England, 159. 

5. For a summary of the intercolonial conferences see Froth- 
ingham, Rise of the Republic, 118-120; American History Leaf- 
lets, No. 14. 

6. After reading the Albany Plan, give reasons for the state- 
ments made by Franklin. Old South Leaflets, No. 9. How- 
were the members to be apportioned among the colonies? Give 
a list of the powers of the central government under this plan. 
Did it possess full power to make laws ? 

7. Why were not all of the colonies represented? Fiske, The 
American Revolution, I, 21. 

8. What was the origin of the Committees of Correspondence 
and how did they aid in unification? Sloane, The French War 
and the Revolution, 161, 162; Hart, Formation of the Union, 57. 

9. How were the delegates to the Second Continental Congress 
appointed? What was the character of this Congress? Hart, 
Formation of the Union, 73, 74; Fiske, The Critical Period of 
American History, 92, 93. 

10. Why was the adoption of the Articles of Confederation so 
long delayed ? Hart, American History Told by Contemporaries, 
II, 539-543; Fiske, The Critical Period of American History, 
93, 94; Walker, The Making of the Nation, 6; Hart, Formation 
of the Union, 93-95. 

11. Read the Articles of Confederation, Appendix B. 1. How 
was the Congress composed? 2. The number necessary for 
a quorum? 3. The powers of Congress? 4. Powers of the 
separate States? 

12. What was the attitude toward union during the period 
1783-1788? 

13. Were there notable bonds of union even at this time? 
What other influences have increased this sentiment? Fiske, 
The Critical Period of American History, 55-63; Walker, The 
Making of the Nation, 7, 8. 



CHAPTER XIII 



THE CONSTITUTIONAL CONVENTION 



Events 
leading to 
the Consti- 
tutional 
Conven- 
tion. 



The meet- 
ing at 
Annapolis 
and its 
results. 



Among the many difficulties referred to in the previous 
chapter, there were constant disputes between Virginia 
and Maryland relative to the navigation of the Potomac 
River and of Chesapeake Bay. Finally, in March, 1785, 
three commissioners from these States, on the rec- 
ommendation of Mr. Madison, met at Alexandria, Va., 
for the purpose of considering the difficulties. They soon 
adjourned to Mount Vernon. While there, Washington 
proposed that they include in their report the recommenda- 
tion that there should also be a uniform system of duties 
and a uniform currency. It was seen, however, that if 
anything permanent in these matters was to be accom- 
plished, all of the States must join in an agreement. In 
January of the following year, Virginia invited the other 
States to send delegates to a convention at Annapolis to 
consider the condition of commerce and duties on imports. 

There were present at Annapolis, September 11, 1786, 
commissioners from Virginia, Delaware, Pennsylvania, 
New Jersey, and New York. Commissioners from some 
of the other States were on their way, but Maryland, 
Georgia, South Carolina, and Connecticut had appointed 
none. Nothing permanent could be accomplished with 
so few States represented; but before adjourning they 
agreed to a resolution framed by Alexander Hamilton 
which proposed a convention to be composed of commis- 
sioners from all the States to meet at Philadelphia on the 
second Monday in May, 1787, for the purpose of amending 
the Articles of Confederation. Copies of this resolution 

106 



THE CONSTITUTIONAL CONVENTION 107 

were sent to all of the States and also to Congress. Not 
until delegates had been appointed by six States did Con- 
gress practically approve of the plan by recommending 
to the States a convention identical with the one already 
provided for by the Annapolis resolution. The remain- 
ing States, Rhode Island excepted, soon appointed dele- 
gates. 

The day fixed for the Convention was May 14, 1787, The 
but not until May 25 was there a quorum of delegates Convention, 
from seven States present at Philadelphia. The number of 
delegates to be sent by each State had not been specified; 
and in order that the States should have equal powers, 
one of the first standing rules adopted provided that the 
voting should be by States. Seventy-three delegates were 
appointed as members in this, one of the most memorable 
assemblies the world has ever known, but only fifty-five 
attended. Twenty-nine of the number were university 
men. With but few exceptions, the men who had been 
particularly prominent in the days of the Revolution were 
present. Among them were Washington, who was unani- 
mously chosen President of the Convention, and Franklin, 
whose fame as diplomat and legislator was world-wide. 
Neither of these men took an active part in the debates, 
but their presence gave inspiration to the others and they 
had untold influence at critical times. 

On May 22, while some of the delegates, in their fears Delegates 
of displeasing the people, were recommending half-way ance. 
measures, Washington gave expression to that sentiment 
which was to dominate in the future debates of the Con- 
vention. He said: "It is too probable no plan we pro- 
pose will be adopted. Perhaps another dreadful conflict 
is to be sustained. If to please the people, we offer what 
we ourselves disapprove, how can we afterwards defend 
our work ? Let us raise a standard to which the wise and 
the honest can repair; the event is in the hand of God." 



108 THE CONSTITUTIONAL CONVENTION 

Other signers of the Declaration of Independence present 
besides Franklin were Roger Sherman, of Connecticut; 
George Read, of Delaware; Elb ridge Gerry, of Massachu- 
setts; Robert Morris, of Pennsylvania; and Chancellor 
Wythe, of Virginia. Virginia also sent George Mason, 
Edmund Randolph, and James Madison; Massachusetts, 
Caleb Strong, Nathaniel Gorham, and Rufus King. 
Delaware sent John Dickinson. Pennsylvania was repre- 
sented by James Wilson, the great jurist, and Gouverneur 
Morris, "whose correctness of language" led him to be 
selected to prepare the final draft of the constitution; and 
Connecticut by Oliver Ellsworth, one of the greatest law- 
yers of the day, who afterward became Chief- Justice, and 
William S. Johnson, who became President of Columbia 
College. Among the other more notable members were 
Alexander Hamilton, of New York; Governor William Pat- 
erson, of New Jersey; Luther Martin, of Maryland; and the 
two Pinckneys and John Rutledge, from South Carolina. 
Notable John Adams and Thomas Jefferson were then in Eu- 

present. rope, and Samuel Adams, Patrick Henry, and Richard 
Henry Lee disapproved of the Convention. 

Our knowl- The Convention lasted from May 25 to September 17, 1787. 

Convention 6 The members sat behind closed doors, and the charge of secrecy 
with regard to the proceedings was placed on them. The official 
journal was entrusted to Washington, who deposited it in the 
public archives in 1796. It was published in 1819 as a part 
of volume one of Elliot's Debates. We can gather little from 
the journal with regard to what was actually said by the mem- 
bers, but fortunately Mr. Madison, with an appreciation of the 
consequences of the Convention, decided to give as nearly as 
, possible an exact report of the proceedings. He wrote; "Nor 

"Journal," was I unaware of the value of such a contribution to the fund 
of materials for the history of a Constitution on which would 
be staked the happiness of a people great even in its infancy, 
and possibly the cause of liberty throughout the world." These 
notes were purchased by the government from Mrs. Madison in 
1837 for $30,000, and published for the first time in 1839. 



THE CONSTITUTIONAL CONVENTION 109 

The magnitude of the labor of the Constitutional Con- Plans and 
vention can be understood only as we read in Madison's mises. 
notes the report of the discussions. The actual work 
of the Convention was begun on May 30, when it went 
into committee of the whole for the purpose of consid- 
ering a series of fifteen resolutions which had been pre- 
sented the day before by Governor Edmund Randolph, 
of Virginia. The plan of government set forth in them, The vir- 
known as the Virginia Plan, was largely the work of Mr. ginia 
Madison. It was considered until June 13, and after 
certain amendments had been adopted was reported back 
favorably to the Convention. Among the most important 
provisions finally submitted were the lollowing: (1) 
That a National government should be formed possessing 
supreme legislative, executive, and judicial powers; (2) 
that the legislative power should be vested in a Congress 
of two separate houses — a House of Delegates to be chosen 
by the people of the States, and a Senate to be elected by 
the House of Delegates; that the representation in both 
houses should be based on population or on contributions 
to the support of the government; and that the execu- 
tive should be chosen by both houses of Congress, and the 
judiciary by the Senate. This scheme had been fiercely 
attacked in the committee by the delegates from the 
smaller States, who desired to maintain equality of State 
representation. It was clear that if the plan proposed 
were adopted the government would pass into the hands 
of the large States. 

Frustrated in their desires, the small States agreed The New 
upon a series of eleven resolutions, known as the New pian. 
Jersey Plan, which were presented by Mr. Paterson of 
that State on June 15. They provided for a continuance 
of the government under the Articles of Confederation, 
which were to be revised in such a manner as to give to 
Congress the power to regulate commerce, to raise revenue, 



110 THE CONSTITUTIONAL CONVENTION 

and to coerce the States. This plan had been agreed upon 
among the members from Connecticut, New York, New 
Jersey, Delaware, and Luther Martin, of Maryland. The 
New Hampshire delegates had not yet arrived. Con- 
necticut and New York were against a departure from 
the principle of confederation, wishing rather to add a 
few new powers to Congress than to substitute a National 
government. 



The On the same day that Governor Randolph presented the Vir- 

resolutkms. gmia Plan. Charles Pinckney, of South Carolina, presented a 

series of resolutions founded on similar principles. It never 

received a separate consideration but had considerable influence 

on parts of the Constitution. 

On June 18, in the midst of the crisis as to whether a national 
or a federal government should be established, Hamilton made 
his celebrated speech in opposition to both plans. He wanted 
a highly centralized government. " Governors, " " senators, ' ' and 
"judges " were, according to his view, to hold office during good 
behavior. 



Hamilton's 
views 



The Vir- 
ginia vs. 
the New 
Jersey Plan 



For three days the contest waxed hot over the merits 
and defects of these plans. It was asserted by those who 
opposed the Virginia Plan that it would destroy the sov- 
ereignty of the States. They believed also that they did 
not possess the power to create such a government. Said 
Paterson: "I came here not to speak my own senti- 
ments but the sentiments of those who sent me. Our 
object is not such a government as may be best in itself, 
but such a one as our constituents have authorized us to 
prepare and as they will approve." To this sentiment 
Randolph replied: "When the salvation of the Republic 
is at stake, it would be treason not to propose what we 
find necessary." Finally the arguments of Madison, Wil- 
son, and King triumphed and the Virginia Plan was again 
presented to the Convention. The debates became even 
more heated than before, as resolution after resolu- 



THE CONSTITUTIONAL CONVENTION 111 

tion was taken up. The critical time came when the 
clause which provided for proportional representation 
was reached. Luther Martin contended with great vehe- 
mence, "That the States, being equal, cannot treat or 
confederate so as to give up an equality of votes without 
giving up their liberty; that the propositions on the table 
are a system of slavery for ten States; that as Virginia, 
Massachusetts, and Pennsylvania have forty-two ninetieths 
of the votes, they can do as they please, without a mirac- 
ulous union of the other ten." Others claimed they would 
rather submit to a foreign power than be deprived of equal- 
ity of suffrage in both branches of the legislature. The The Con- 
Convention was on the verge of dissolution when Johnson, compro- 
of Connecticut, brought forward a compromise based on 
the different methods by which members of the two houses 
were chosen in that State. This provided that the House 
of Representatives should be composed of members elected 
on the basis of population, while, in the Senate, large 
and small States were to be equally represented. Finally, 
after eleven more days of discussion, this, the first great 
compromise, was adopted. 

The adoption of the compromise was virtually a victory 
for the Virginia Plan. When the smaller States were 
given an equal vote in the Senate, they no longer feared 
that they would be absorbed, so they united with the 
larger States in giving yet greater powers to the general 
government. 

How was the number of Representatives to be deter- The second 
mined was another serious problem. It was agreed that fifths* com- 
all free persons should be counted. There was little ob- promise ' 
jection offered to counting those persons bound to ser- 
vice for a term of years and to the excluding of Indians 
not taxed. The chief debate arose over the question 
whether the slaves should be included in the enumera- 
tion. The South Carolina delegates maintained that 



112 THE CONSTITUTIONAL CONVENTION 



The third 
compro- 
mise. 



Influence 
of the com- 
promises. 



slaves were a part of the population, and as such should 
be counted. Objections were made that slaves were not 
represented in the legislatures of that and other States, 
and, in consequence, ought not to be represented in the 
National legislature; also, that they were regarded in 
those States merely as property, and as such should not 
be represented. There was grave danger that the work 
of the Convention would fail at this point. Finally, a 
proposition was introduced to the effect that slaves were 
to be represented as "other persons," three-fifths of 
whom were to be counted. Another clause was inserted 
for the purpose of reconciling the non-slaveholding States 
to this provision: that "direct taxes should be apportioned 
in the same manner as Representatives." 

The third great compromise grew out of the question 
of the foreign slave trade. South Carolina and Georgia 
were anxious that this should be continued. This was 
opposed by the Northern States and by some of the South- 
ern. On the other hand, New England members, es- 
pecially, because of their interest in commerce, feared the 
results which would ensue if each State was allowed to be 
independent in commercial matters. They wanted the 
general government to have complete control of commerce. 
But this was resisted by some of the Southern delegates, 
who thought that, by some act of legislation, the trade in 
slaves might be prohibited. Finally a compromise was 
agreed upon which gave Congress power over commerce 
but forbade any act which might prohibit the importa- 
tion of slaves prior to 1808. It was also agreed that a tax 
of ten dollars each might be laid on all slaves imported. 

While the Constitution may be said to be made up of a 
series of compromises, these three settled, for the time, the 
questions which were most vital, and rendered the further 
work of the Convention possible. It has been sometimes 
asserted that there should have been no half-way meas- 



THE CONSTITUTIONAL CONVENTION 113 

ures on slavery; that had the question of slavery been 
settled at that time there need not have been a Civil War. 
But, as already noted, without compromises the work of 
the Convention must have failed, and political anarchy 
would have been inevitable, the results of which would 
have been even more disastrous than the effects of that 
terrible period of warfare between 1861 and 1865. 

The Constitution divided power among three practically some of 
independent departments of government, viz., the Legis- features™? 
lative, the Executive, and the Judicial. In place of the eminent^ 
single house of the confederation there was to be formed 
a legislative body consisting of two houses. Experience 
had proved that a strong executive power was necessary 
to enforce the laws. It was finally agreed to entrust this 
power to a single person, the President. 

Hamilton characterized the lack of a judiciary, under Authority 
the confederation, as the crowning defect of that govern- govern- 
ment. The conviction that the Federal judiciary should tabiished. 
constitute one of the three parts of the government was 
general in the Convention, and after a brief discussion 
provision was made for it. The Federal government, 
according to the Constitution, was no longer, as under 
the Articles of Confederation, to be the agent of or to 
be dependent upon the States. Its laws were to be im- 
perative, not advisory merely, and were to operate upon 
persons and not States. Certain significant powers were 
bestowed upon the National government, such as the right 
to tax; to regulate commerce; to make war and peace; 
to support an army and navy; and to coin money. The 
peculiarity of the new government lies in the division of 
powers between State and National authorities. The 
National government was to exercise certain powers 
enumerated in the Constitution. All other powers not 
prohibited by the Constitution to the States were to be 
reserved to the States or to the people. 



114 THE CONSTITUTIONAL CONVENTION 



Signers of 
the Consti- 
tution. 



Madison's 

"Journal," 

763. 



The final draft of the Constitution, prepared by Gouv- 
erneur Morris, was then submitted to the delegates for 
their signatures. Thirty-nine members, representing 
twelve States, affixed their names to the document, and on 
September 17 the Convention adjourned.* While the 
last signatures were being written, Franklin said to those 
standing near him as he called attention to a sun blazoned 
on the back of the President's chair: "I have, often 
and often, in the course of the session, and the vicissi- 
tudes of my hopes and fears as to its issue, looked at that 
behind the President, without being able to tell whether 
it was rising or setting; but now, at length, I have the 
happiness to know that it is a rising and not a setting 



sun. 



Ratifica- 
tion of the 
Constitu- 
tion. 



The Constitution was first submitted to Congress 
September 20, and the following day it became known 
to the people through the New York daily papers. For 
eight days the document was attacked by its opponents 
in Congress, but finally it was transmitted to the State 
legislatures to be sent by them to State conventions chosen 
by the people. This process of ratification was provided 
for by Article VII of the Constitution, as follows: 
Article VII. The ratification of the conventions of nine States shall be 
sufficient for the establishment of this Constitution between 
the States so ratifying the same. 

The period included between September 28, 1787, 
when Congress unanimously resolved to transmit the 
Constitution to the State legislatures, and June 21, 1788, 
the date when it had been ratified by the necessary nine 
States,! was one of the most critical in our history. Every- 
where the Constitution was violently attacked. Political 
parties in a truly national sense were formed for the 



* See Appendix A. 

fThe State legislatures submitted the Constitution to State Con- 
ventions. 



THE CONSTITUTIONAL CONVENTION 115 

first time. Those who supported the Constitution called 
themselves Federalists, and those opposed Anti-Federal- 
ists. 

In general, the opponents of the Constitution desired Argu- 

. mentsfor 

more extensive powers for the States, and were to be found and against 

r -li theConsti- 

largely among the rural population and debtor classes, tution. 
Its advocates, the Federalists, were the men of wealth and 
the inhabitants of the manufacturing and commercial 
centres. Among the leaders who ably defended the views 
of the opposition, the Anti-Federalists, were Richard 
Henry Lee, Elbridge Gerry, George Clinton, and Patrick 
Henry. It was urged that the President would become a 
despot, the House of Representatives a corporate tyrant, 
and the Senate an oligarchy; that equality of representa- 
tion in the Senate was an injustice to the large States; and 
that there was no Bill of Rights. The views of the Feder- 
alists are well presented in a letter written by Washington, 
on his return from the Convention, to Patrick Henry, in 
which he says: "I wish the Constitution which is offered 
had been more perfect; but it is the best that could be 
obtained at this time, and a door is open for amendments 
hereafter. The political concerns of this country are 
suspended by a thread. The Convention has been looked 
up to by the reflecting part of the community with a solici- 
tude which is hardly to be conceived, and if nothing had 
been agreed on by that body, anarchy would soon have 
ensued, the seeds being deeply sown in every soil." 

Political letters, tracts, and pamphlets flooded the The 
country. The most noted articles in opposition were the 
" Letters from the Federal Farmer," prepared for the press 
of the country by Richard Henry Lee. No influence was 
more noteworthy in bringing about ratification than the 
series of political essays afterward collected under the 
:itle of "The Federalist." They present the cause with 
such logic that to-day they are considered the best com- 



116 THE CONSTITUTIONAL CONVENTION 



The Consti- 
tution in 
the State 
conven- 
tions. 



The new 
govern- 
ment put 
into 
operation. 



mentary on the Constitution ever written. Alexander 
Hamilton inaugurated the plan and wrote 51 of the 85 
numbers. James Madison wrote 29 and John Jay 5. 

December 6, 1787, the ratification of the Constitution 
was secured in Delaware, the first State, without a dis- 
senting vote, and Pennsylvania, New Jersey, Georgia, 
and Connecticut quickly followed. Much depended on 
the action of the Massachusetts convention. After pro- 
longed debate the delegates were induced to accept the 
proposition that amendments might be made which would 
take the place of a Bill of Rights, and adopted the Con- 
stitution by a vote of 187 to 168. The ratification of 
Maryland and South Carolina soon followed, and the 
ninth State was secured by the ratification of New Hamp- 
shire, June 21, 1788. Virginia ratified, June 25, with 
a vote of 89 in favor and 79 opposed, and New York, 
July 26, with 30 affirmative votes and 27 negative. It 
was not until November 21, 1789, that North Carolina 
voted to accept the Constitution, while Rhode Island held 
out until May 29, 1790. 

When the ratification of the ninth State had been se- 
cured, Congress appointed a special committee to frame 
an act for putting the Constitution into operation. It was 
enacted that the first Wednesday in January should be 
the day for appointing electors; that the electors should 
cast their votes for President on the first Wednesday in 
February, and that on the first Wednesday of March the 
new government should go into operation. It was not 
until April 1 that a quorum was secured in the House 
of Representatives, and in the Senate not until April 6. 
The electoral votes * were counted in the presence of the 
two houses on April 6. The inauguration of President 
Washington did not take place, however, until April 30. 

* New York did not choose electors, and North Carolina and Rhode 
Island had not ratified the Constitution. 



THE CONSTITUTIONAL CONVENTION 117 

Ha vino: considered some of the problems of the Con- Origin of 
i l-ii • the ConstI - 

vention and those connected with the adoption of the tution. 

Constitution, we next inquire as to the origin of this epoch- 
making document. The often-quoted words of Mr. Glad- 
stone, which have no doubt been misinterpreted, have been 
used to strengthen the view that the Constitution was the 
creation of the Convention. He said: "As the British 
Constitution is the most subtle organism which has pro- 
ceeded from progressive history, so the American Consti- 
tution is the most wonderful work ever struck off at a given 
time by the brain and purpose of man." An analysis of the 
Constitution shows that there are some provisions which 
are new and that English precedent has had an influence, 
but that the main features were derived from the constitu- 
tions of the States. Many of the delegates of the Consti- 
tutional Convention had helped to frame these State 
constitutions, and all were familiar with their practical 
workings. Thus, the Convention was "led astray by no 
theories of what might be good, but clave closely to what 
experience had demonstrated to be good." * The fol- 
lowing familiar statement is an excellent summary: 
"Nearly every provision of the Federal Constitution that 
has worked well is one borrowed from or suggested by 
some State constitution; nearly every provision that has 
worked badly is one which the Convention, for want of a 
precedent, was obliged to devise for itself." 

With the exceptions of the constitutions of Pennsylvania and Influence of 
of Georgia, all of the State constitutions, in 1787, provided for cons^itu^ 
legislatures of two houses. The term "Senate" was used to tions. 

New 

designate the upper house in Maryland, Massachusetts, New Princeton 
York, North Carolina, New Hampshire, South Carolina, and Jv^Tts. 
Virginia; and "House of Representatives" was commonly used 
for the lower house. The constitution of Delaware provided for 
the election of one-third of the senators every two years, and 
the New York constitution made provision for taking a census 
* James Russell Lowell, address of April 13, 1888. 



118 THE CONSTITUTIONAL CONVENTION 



New 
features 
of the 
Constitu- 
tion. 



Authority 
and pur- 
poses of the 
Constitu- 
tion. 



The 
preamble. 



once in seven years for the purpose of apportioning the Repre- 
sentatives. As already noted, Connecticut furnished the ex- 
ample for equal representation of the States in the Senate and 
for proportional representation in the House of Representatives. 
In nearly all of the State constitutions, each House was given 
the power to decide the election of its members, make rules, 
publish a journal, and adjourn from day to day. "All bills for 
raising revenue must originate in the House" is found almost 
word for word in the Massachusetts and New Hampshire consti- 
tutions. The powers of President and Vice-President resemble 
closely those granted the governor and lieutenant-governor. 
Other important provisions were, no doubt, derived from the 
State constitutions, such as the process of impeachment, the 
veto power, the first ten amendments, and the President's mes- 



Professor Alexander Johnston, in the article the substance of 
which has just been given, states that while a judicial system 
existed as a part of the State governments, the " great achieve- 
ment of the Convention was the erection of the judiciary into a 
position as a co-ordinate branch of the government." He says 
also that " the process of electing the President is almost the only 
feature not a natural growth." 

It was evidently the intention of the framers of the 
Constitution to found a government deriving its author- 
ity from the people rather than from the States. The 
purposes for which this was done are set forth in the fol- 
lowing enacting clause, commonly called the preamble: 

"We, the people of the United States, in order to form a 
more perfect union, establish justice, insure domestic tran- 
quillity, provide for the common defense, promote the gen- 
eral welfare, and secure the blessings of liberty to ourselves 
and our posterity, do ordain and establish this Constitu- 
tion for the United States of America." 

This clause was attacked vigorously by the opponents 
of the Constitution, and especially in the Virginia and 
the North Carolina conventions. Said Patrick Henry: 
"And here I would make this inquiry of those worthy 
characters who composed a part of the late Federal 



THE CONSTITUTIONAL CONVENTION 119 

Convention. ... I have the highest veneration for those 
gentlemen; but sir, give me leave to demand, what right 
had they to say We the people? . . . Who authorized 
them to speak the language of, We the people, instead of, 
We the States? If the States be not the agents of this 
compact, it must be one great, consolidated, National 
government, of the people of all the States." It was 
argued, on the other hand, by Randolph, Madison, and 
others, that the government under the Articles of Con- 
federation was a failure and that the only safe course to 
pursue was to have a government emanating from the 
people instead of from the States, if the union of the States 
and the preservation of the liberties of the people were to 
be preserved. 



Supplementary Questions and References 

1. Consult American History, chapter 13, for additional ma- 
terial on the topics in this chapter. 

2. Why was Annapolis selected as the place of meeting? 
Madison, Journal of the Constitutional Convention, 37. 

3. For an account of Hamilton's resolution and its origin, 
see Madison's Journal, 37-41. 

4. Was the calling of a convention to remodel the articles a 
new idea? Madison's Journal, 43-45. 

5. Why did Congress, at first, object to the Hamilton resolu- 
tion? Fiske, Critical Period of American History, 217. 

6. State the problems connected with the appointment of dele- 
gates in some of the States. McMaster, History of the People 
of the United States, I, 390-399. 

7. For an account of the members of the Convention, see Hart, 
American History told by Contemporaries, III, 205-211. 

8. For the contributions of the individuals and the classes of 
delegates, see Walker, The Making of the Nation, 23-27; Fiske, 
Critical Period, 224-229; McMaster, I, 418^23. 

9. Why did not Hamilton take a prominent part in the debate 



120 THE CONSTITUTIONAL CONVENTION 

before June 18 ? Give the chief points in his address of that date. 
Madison's Journal, 175-187. 

10. What were the significant points made by Madison in his 
speech of June 19? Madison's Journal, 187-196. 

11. Why did the New York delegates leave the Convention? 
Bancroft, VI, 259-260; Fiske, Critical Period, 254. 

12. What was the attitude of the various members of the Con- 
vention toward the Constitution ? Who refused to sign ? Their 
reasons? Bancroft, VI, 364-367. 

13. Discuss the peculiar conditions in Massachusetts. Give 
the arguments presented. Schouler, I, old ed., 59, 60; new ed., 
66-68; Walker, 50-57; Fiske, Critical Period, 316-331. 

14. How was the Constitution regarded in Virginia? Ban- 
croft, VI, 426-436; Walker, 58, 60; Schouler, I, 70-75; Fiske, 
Critical Period, 334-338. 

15. In what way did Virginia influence New York? What 
was the attitude of the New York Convention toward the Con- 
stitution? Bancroft, VI, 455-460; Walker, 60, 61; Schouler, 
I, old ed., 66, 67; newed., 77-78; Fiske, Critical Period, 340-345. 

16. a. What objections were offered against the Constitution 

in North Carolina ? Hart, American History told by 
Contemporaries, III, 251-254. 
b. What would have been the status of North Carolina 
and of Rhode Island if they had not ratified ? Walker, 
73, 74; Hart, Formation of the Union, 132, 133. 

17. For a good account of the first Presidential election and 
the inauguration of the new government, see Fiske, Critical 
Period, 346-350; Schouler, I, old ed., 74-86; new ed., 79-92. 



CHAPTER XIV 
ORGANIZATION OF THE LEGISLATIVE DEPARTMENT 

All legislative powers herein granted shall be vested in Article I, 
a Congress of the United States which shall consist of a 
Senate and House of Representatives. 

In the Constitutional Convention, Pennsylvania was a Congress 
the only State which objected to the resolution that a houses, 
legislative body consisting of two houses should be formed. 
The single house of the Confederation was regarded as a 
failure. It was believed that one house would form a 
check upon the other, and that there would thus be less 
danger of hasty and oppressive legislation. As already 
noted, the bi-cameral system existed in all of the States, 
Pennsylvania and Georgia excepted, and the names Senate 
and House of Representatives were also in common usage. 

The House of Representatives shall be composed of mem- Section 2, 
bers chosen every second year by the people of the several Term of 
States, and the electors in each State shall have the qualifi- and quaii- 

. . , . T 7 7 fixations of 

cations requisite for electors of the most numerous branch electors. 
of the State Legislature. 

It is somewhat difficult for Americans to remember that mem- Responsi- 
bers of Congress, although elected by the people or by the State members of 
legislatures, are not, in consequence, compelled to receive in- Cons 1 " 688 - 
structions from their constituents. Each member is supposed 
to use his own best judgment on any question, and, like a mem- 
ber of the English House of Commons, ask: "What is for the 
good of the Nation?" Personal views are frequently sacrificed, 
however, for party interests. 

Judge Cooley says on this question : 

"Their own immediate constituents have no more right than 
the rest of thfe Nation to address them through the press, to 

121 



122 THE LEGISLATIVE DEPARTMENT 

appeal to them by petition, or to have their local interests 
considered by them in legislation. They bring with them their 
knowledge of local wants, sentiments, and opinions, and may 
enlighten Congress respecting these and thereby aid all members 
to act wisely in matters which affect the whole country; but the 
moral obligation to consider the interest of one part of the coun- 
try as much as that of another, and to legislate with a view to 
the best interests of all, is obligatory upon every member, and 
no one can be relieved from this obligation by instructions from 
any source." * 



Represen- 
tatives 
elected by 
the people. 



Amend- 
ment XV. 



Section 4, 
clause 2. 



A Congress. 



When the Constitution was framed, some of the State 
constitutions required a higher qualification in voters for 
the upper house of their legislatures than in voters for 
the lower house. With the object of making the House 
of Representatives the more popular branch, it was de- 
cided to grant the right of voting for a Representative 
to any person who might be privileged to vote for a mem- 
ber of the lower house of the legislature of his State. The 
one limitation upon the freedom of a State to determine 
what these qualifications are, is given in Amendment XV : 

The right of citizens of the United States to vote shall not 
be denied or abridged by the United States or by any State 
on account of race, color, or previous condition of servi- 
tude. 

This amendment was proposed by Congress in Feb- 
ruary, 1869, and was declared in force March 30, 1870. 
It was intended to grant more complete political rights 
to the negroes recently declared, by Amendment XIV, 
to be citizens. 

The Congress shall assemble at least once in every year, 
and such meeting shall be on the first Monday in Decem- 
ber, unless they shall by law appoint a different day. 

Members of the House of Representatives are chosen 
for a term of two years, which period alsc determines 



* Cooley, Principles of Constitutional Law. 41, 42. 






THE LEGISLATIVE DEPARTMENT 123 

the length of a Congress. This election is held, in all 
but three of the States,* on the Tuesday after the first 
Monday in November, of even-numbered years, and the 
term begins legally on March 4 succeeding the time of 
the election. f Except in the case of a special session, the 
members do not enter upon their duties until the first 
Monday of the following December, thirteen months after 
the election. 

Each Congress has two regular sessions. The first, Sessions of 
beginning in December of an odd-numbered year, is 
called the "long session," for its length is not determined 
by a definite date of adjournment. It usually lasts until 
the following midsummer and may not extend beyond 
the first Monday in December, the time fixed for the be- 
ginning of the next session. The second, or "short ses- 
sion," cannot extend beyond 12 m., March 4, the time set 
for a new Congress to begin. The President may con- 
vene Congress in special session. 

The first Monday in December of each second year is The meet- 
a notable day in Washington, for the formal opening of organiza- 
a new Congress brings thousands of visitors to the city. Congress. 
In the House of Representatives the organization must 
proceed as if the body had not met before. To the Clerk 
of the preceding House are intrusted the credentials of 
the members, and from these he makes out a list of the 
members who are shown to be regularly elected. At the 
hour of assembly he calls the roll from this list, announces 
whether or not a quorum is present, and states that the 
first business is to elect a Speaker. After his election the 
Speaker takes the oath of office. 



* Oregon holds its election on the first Monday in June; Vermont on 
the first Tuesday in September; and Maine on the second Monday in 
September. 

t The first Congress extended legally from March 4, 1789, to March 4, 
1791. 



tatives. 



124 THE LEGISLATIVE DEPARTMENT 

The Senate is a " continuing body" and no formal or- 
ganization is necessary. At the opening of a new Con- 
gress the Vice-President calls the body to order and the 
other officers resume their duties. After the President 
pro tempore has been chosen, the newly elected members 
are escorted to the desk in groups of four and the oath is 
administered by the President of the Senate. Each house, 
when organized, notifies the other of the fact and a joint 
committee of the houses is appointed to wait upon the 
President and inform him that quorums are present and 
are ready to receive any communication he may desire to 
send. 
Section 2, No person shall be a Representative who shall not have 

Quaiffica- attained to the age of twenty-five years, and been seven 
Represen- years a citizen of the United States, and who shall not 
when elected be an inhabitant of that State in which he 
shall be chosen. 

A great diversity of qualifications for members of the 
State legislatures existed in the various State constitu- 
tions. With such differences of opinion, it was agreed 
to make the positive qualifications for members of the 
National legislature few and simple. They pertain to 
age, citizenship, and inhabitancy, and the opinion pre- 
vails that the States may not add others. It has been 
the belief in the United States that an inhabitant of a 
State has a deeper concern for the interests and represents 
the people of his State more completely than a stranger. 
Hence, a Representative is not only required to be an in- 
habitant of the State, but custom has decreed that he 
must also be an actual resident of the district which he 
represents. It sometimes happens in New York City, 
however, that an "up-town" resident is elected to repre- 
sent a "down- town" constituency. 

May the House refuse to admit a person duly elected and 
possessing the constitutional qualifications? This question arose 



THE LEGISLATIVE DEPARTMENT 125 

in the 56th Congress in the case of Brigham Roberts, of Utah, 
and he was excluded on the ground that he was a polyg- 
amist. 

Section 2, Amendment XIV, which became a part of 
the Constitution July 28, 1868, contains the rule of ap- 
portionment which is now in operation. 

It declares that: 

Representatives shall be apportioned among the several Apportion- 
States according to their respective numbers, counting the Represen- 
whole number of persons in each State, excluding Indians 
not taxed. But when the right to vote at any election for ^enTxiv 
the choice of electors for President and Vice-President of sectlon 2 - 
the United States, Representatives in Congress, the executive 
and judicial officers of a State, or the members of the Leg- 
islature thereof is denied to any of the male inhabitants of 
such State, being twenty-one years of age, and citizens of 
the United States, or in any way abridged, except for par- 
ticipation in rebellion or other crime, the basis of repre- 
sentation therein shall be reduced in the proportion which 
the number of such male citizens shall bear to the whole num- 
ber of male citizens twenty-one years of age in such State. 

When the amendment was proposed, negroes had been 
granted the right of suffrage in only a few States, and 
Congress believed that rather than have the number 
of their Representatives reduced the other States would 
also be willing to grant them complete political rights. 
Tennessee was the only Southern State w T hich ratified the 
amendment, but since Amendment XV became a part of 
the Constitution before the next apportionment of Repre- 
sentatives was made, this section was not put into practical 
operation. Each State may still determine for itself who 
has the right to vote within its limits. (See page 43.) 

A few of the States, as Pennsylvania, require a property qual- 
ification, and about one-third require an educational qualifi- 
cation for voters. In Massachusetts he must be able to read 



126 THE LEGISLATIVE DEPARTMENT 



Article I, 
section 2, 
clause 3. 
Original 
method of 
apportion- 
ment. 



the State constitution in the English language, and write his 
own name unless prevented by physical disability or was sixty 
years of age when the amendement went into effect. In Louisi- 
ana and South Carolina the voter must either be able to read 
and write or possess property valued at three hundred dollars. 
It has been claimed that the object of some of these amend- 
ments was not alone to exclude illiterate voters. In proof, it is 
shown that what has been called the "grandfather clause" in 
some cases dispenses with the educational qualification. This 
provides, as stated in the constitution of North Carolina, that 
"no male person who was on January 1, 1867, or at any time 
prior thereto, entitled to vote under the laws of any State in the 
United States wherein he then resided, and no lineal descendant 
of any such person, shall be denied the right to register and vote 
at any election in this State by reason of his failure to possess the 
educational qualifications prescribed." The question has arisen, 
Should not section 2 of Amendment XIV be enforced? for the 
various restrictions exclude thousands of adult male citizens 
from voting. Thus far no action has been taken, although 
the Republican party in the National platforms of 1904 and 
1908 pledged itself to enforce this provision. 

The original method of apportionment was as follows: 
Representatives and direct taxes shall be apportioned 
among the several States which may be included within this 
Union, according to their respective numbers, which shall 
be determined by adding to the whole number of free persons, 
including those bound to service for a term of years, and 
excluding Indians not taxed, three-fifths of all other per- 
sons. The actual enumeration shall be made within three 
years after the first meeting of the Congress of the United 
States, and within every subsequent term of ten years, in 
such manner as they shall by law direct. The number of 
Representatives shall not exceed one for every thirty thou- 
sand, but each State shall have at least one Representative; 
and until such enumeration shall be made, the State of New 
Hampshire shall be entitled to choose three, Massachusetts 
eight, Rhode Island and Providence Plantations one, Con- 
necticut five, New York six, New Jersey four, Pennsyl- 






THE LEGISLATIVE DEPARTMENT 127 



Census. 



vania eight, Delaware one, Maryland six, Virginia ten, 
North Carolina five, South Carolina five, and Georgia 
three. 

The three-fifths rule was rendered void by the adoption 
of Amendment XIII, which abolished slavery. There 
were then no longer the "other persons." That part of 
the clause providing for the laying of direct taxes is still 
in force. Really the Southern States were favored. In 
practical operation, while their direct taxes were increased, 
these were imposed only on five occasions, and the States 
of the South secured a large increase of Representatives. 
The Indians "not taxed" doubtless refers to those Indians 
who still maintain their tribal relations or live on the 
reservations. Their number, according to the census of 
1910, was 129,518. 

A careful enumeration of the population of the United The 
States had not been made in 1787. In order to carry 
out this provision of the Constitution, the first census was 
taken in 1790 and there has been one every ten years 
since that time. The taking of the census and the com- 
pilation and publication of the statistics connected with 
it are under the supervision of the Director of the Census. 
The principal reports in the census are those on popula- 
tion, manufactures, and agriculture. On account of the 
establishment of a permanent census bureau, in 1902, the 
work of taking the census is now conducted with much 
greater economy and efficiency. 

According to the original method of apportionment, the num- The ratio 
ber of Representatives was not to exceed one for every 30,000 ^ n r t e £ion. 
people, and the House contained 65 members. Various methods 
were used in ascertaining the ratio of representation after each 
census until 1870, when the present sytem was employed for the 
first time. 

The House of Representatives, after March 4, 1903, accord- Apportion- 
ing to the reapportionment act of January 12, 1901, had 386 J^ 1 of 
members as a minimum, the ratio being one Representative to 



128 THE LEGISLATIVE DEPARTMENT 



Members 
from new 
States. 



Apportion- 
ment of 
1911. 



194,182 of the population. An effort was made to keep the num- 
ber at 357 as established by the reapportionment act of 1891, but 
no ratio could be found which would enable this to be done 
without taking from some of the States one or more of their 
present Representatives. 

The Representatives of States coming into the Union after 
the apportionment is made are always additional to the number 
provided for by law. Thus when Oklahoma was admitted five 
Representatives were added, making 391 members in all. 

According to the census of 1910, several States were entitled 
to additional members, but in order that no State should be re- 
duced, the House of Representatives passed a bill providing for 
an increase of 42 members. The new ratio would then be one 
Representative to 211,877 people. Effort was made to prevent 
this increase, for it was argued that the House had already become 
unwieldy, requiring great effort on the part of members to make 
themselves heard. The bill failed to pass the Senate at the regu- 
lar session but subsequently, at the special session, it was passed 
and became a law. 

The number of members in the House of Commons is 670; 
in the French Chamber of Deputies, 584; and in the German 
Reichstag, 396. 



Territorial 
delegates. 



Section 2, 
clause 4. 



Vacancies. 



Section 2, 
clause 5. 



Arizona, Alaska, Hawaii, and Porto Rico are each en- 
titled to send one delegate and the Philippine Islands two 
delegates to the House of Representatives. These dele- 
gates have the privilege of speaking in the House but may 
not vote. 

When vacancies happen in the representation from any 
State, the executive authority thereof shall issue writs of 
election to fill such vacancies. 

When a vacancy occurs in the representation from any 
State on account of death, expulsion, or for other cause, it 
is made the duty of the Governor of the State in which the 
vacancy exists to call a special election in that district to 
choose a Representative for the remainder of the term. 

The House of Representatives shall choose their Speaker 
and other officers, and shall have the sole power of impeach" 
merit 



THE LEGISLATIVE DEPARTMENT 129 

The Speaker is always a member of the House.* The Officers 
other officers are the Clerk, Sergeant-at-arms, Door- House, 
keeper, Postmaster, and Chaplain, none of whom is a 
member of the House. The Clerk calls the House to order 
at the first meeting of each Congress, and acts as the pre- 
siding officer until a Speaker is elected. He keeps the 
record of all questions of order that arise, certifies to the 
passage of bills, and has charge of the printing of the 
House Journal. The Sergeant-at-arms sees that good 
order is preserved. 

The Senate of the United States shall be composed of two Section 3, 
Senators from each State, chosen by the legislature thereof 
for six years; and each Senator shall have one vote. 

This clause constitutes a part of the celebrated com- Number, 
promise between the large and the small States. There and term 
was also great diversity of opinion with regard to the Senators. 
number of members in the Senate and their apportion- 
ment among the several States. After equality of rep- 
resentation in this body was decided upon, there still re- 
mained the question as to the number from each State. 
Were there to be three or two ? Finally two, the smallest 
number of Representatives to which a State was entitled 
under the Confederation, was adopted, f Unlike the dele- 
gates in the Continental Congress, the Senators do not 
vote by States. The two Senators from a State may 
and often do vote on opposite sides of a question. Other 
questions arose such as: Were the Senators to be chosen 
by the legislature of each State; by the people of the 
States; or by the House of Representatives either directly 
or from candidates nominated by the State legislatures ? 
The reasons for the unanimous adoption of the first plan 

* For an account of the Speaker and his power in legislation, see 
pp. 175-177. 

t The Senate, 1912, contains ninety-four members; the English House of 
Lords 560. and the French Senate 300. 



130 THE LEGISLATIVE DEPARTMENT 



Section 3, 
clause 2. 
Classes of 
Senators. 



seems to have been that it would connect the State govern- 
ments more closely with the National government, and 
that the powers of the States would not be unduly en- 
croached upon by the general government. Alexander 
Hamilton was in favor of choosing Senators for life or 
during good behavior. Terms of nine years, of seven 
years, of six years, of five years, of four years, and of 
three years were also proposed. Six years was thought 
to be most satisfactory, for it would secure permanence 
of governmental policy and responsibility in the Senators, 
and at the same time guard against the dangers of a life 
tenure in which desirable changes would be too much re- 
sisted. 

The modifications introduced by the next clause seem 
to have been intended to provide against any permanent 
combination among the members. 

Immediately after they shall be assembled in consequence 
of the first election, they shall be divided, as equally as may 
be, into three classes. The seats of the Senators of the first 
class shall be vacated at the expiration of the second year; 
of the second class, at the expiration of the fourth year; and 
of the third class, at the expiration of the sixth year; so that 
one-third may be chosen every second year, and if vacancies 
happen by resignation or otherwise, during the recess of the 
legislature of any State, the executive thereof may make 
temporary appointments until the next meeting of the legis- 
lature, which shall then fill such vacancies. 

According to this provision, at the first session of the 
first Congress, the Senators were divided into three classes. 
Senators from the same State are always placed in sepa- 
rate classes, and the Senators from a new State are assigned 
in such a manner as to preserve the classification. The 
classes they are to enter is determined between them by 
lot drawn in the presence of the Senate. Thus, the Sena- 
tors from Utah were assigned to the two- and the four-year 



THE LEGISLATIVE DEPARTMENT 131 

classes, and neither of them served the full term of six 
years. 

A Senator appointed by the Governor of a State dur- 
ing the recess of the State legislature holds the office 
until the next meeting of the legislature, or, in case that 
body fails to elect his successor, until the end of the ses- 
sion of the legislature. 

If, after a Senator's term expires, the legislature fails to elect If the 

his successor, the question arises, may the Governor fill the does not™ 

vacancy by appointment? In several instances the Senate has g^*^ 

decided against this procedure, and the decision in another ■ 
case in April, 1900, would seem to indicate that it proposes to 
carry out the precedent. 

No person shall be a Senator who shall not have attained section 3, 
to the age of thirty years, and been nine years a citizen of Quafifica- 
the United States, and who shall not, when elected, be an in- senators. 
habitant of that State from which he shall be chosen. 

Members of the Senate are ordinarily older than mem- 
bers of the House. They are men also who, as a rule, 
have been prominent in public affairs, National or State. 
Because of their training and the control by the Senate 
over treaties and certain of the appointments, Senators 
have been conceded greater political power than Repre- 
sentatives. 

The Vice-President of the United States shall be Presi- Section 3, 
dent of the Senate, but sliall have no vote unless they be President 
equally divided. Senate. 

The Senate shall choose their other officers, and also a section 3, 
President pro tempore, in the absence of the Vice-President, clause 5 - 
or when he shall exercise the office of President of the 
United States. 

The officers of the Senate are President, Secretary, other 
Chief Clerk, Sergeant-at-arms, Chaplain, Postmaster, thelelate. 
Librarian, and Door-keeper, none of whom is a member 
of the Senate. The Vice-President of the United States is 



132 THE LEGISLATIVE DEPARTMENT 



The 

President 
pro 
tempore. 



Oath of 
office. 



Section 4, 
clause 1. 
Power of 
Congress 
over the 
elections of 
Senators 
and 

Represent- 
atives. 



Method 
prescribed 
for the 
election of 
Senators. 



President of the Senate, but has no vote "unless they 
are equally divided." He cannot take part in the debates 
nor appoint the Senate committees. These committees, 
as well as the other officers, are chosen by the Senate. 
Their duties are similar to those of the corresponding 
positions in the House. 

It is desirable, in the absence of the Vice-President, 
that the Senate shall have a presiding officer, and so at 
the opening of the session that body chooses from its 
own members a President pro tempore. He may vote 
on any question, but cannot cast the deciding vote in 
case of a tie. 

The Vice-President takes the oath of office when he is 
inaugurated. On the first day of the session he admin- 
isters the oath of office to the new Senators, who swear 
to support the Constitution and the laws of the United 
States. 

The times, places, and manner of holding elections for 
Senators and Representatives shall be prescribed in each 
State by the legislature thereof; but the Congress may at 
any time, by law, make or alter such regulations, except as 
to the place of choosing Senators. 

Congress did not exercise its authority in the election 
of Senators prior to 1866. Many disturbances had 
arisen between the houses of the legislatures over the 
mode of election, and an act of that year provided for 
the present uniform system as follows: The legislature 
chosen next before the expiration of the term of a Senator 
shall proceed to elect his successor on the second Tuesday 
after its organization. On that day each house must vote 
separately by a viva voce vote and enter the result on its 
journal. The two houses are required to meet in joint 
assembly at 12 m. the following day, when the results are 
read. If the same person has received a majority of the 
votes in both houses, he is elected. If no person have 



THE LEGISLATIVE DEPARTMENT 133 

such majority, the joint assembly must take a viva voce 
vote and the person receiving a majority of such votes 
is elected, providing a majority of all the members elected 
to both houses are present and voting. Should there still 
be no election, the joint assembly must meet at noon on 
each succeeding day and take at least one vote until a 
Senator shall have been chosen. The procedure is the 
same in the case of a vacancy which has occurred before 
the legislature has assembled. When the vacancy happens 
during the session of the legislature, it must proceed in 
the same way the second Tuesday after receiving notice of 
the vacancy. The usual practice, however, in the States 
where direct nomination has not been adopted, is for the 
members of the different parties in the legislature to meet 
in separate caucuses and agree upon the candidates which 
they will present to the legislature. 

"Deadlocks" in the election of Senators have frequently oc- Popular 
curred. In 1899, the legislature of Pennsylvania cast seventy- Senators 
nine ballots and finally adjourned without electing a Senator. 
The legislature of Nebraska, in 1901, voted for three months be- 
fore a Senator was elected. It is stated that at least half the 
States have, during the past fifteen years, suffered from dead- 
locks. At times also the votes of individual members in some 
of the legislatures have been secured by bribery. Because of 
these and other abuses the agitation in recent years for the 
election of Senators by popular vote has been more pronounced. 
The House of Representatives has passed the resolution a num- 
ber of times providing for an amendment to the Constitution 
which would secure the election of Senators by popular vote. 
More than two- thirds of the State legislatures have gone on 
record in favor of such a reform. But not until 1911 was this 
proposal to amend the Constitution reported to the Senate for 
favorable action. The vote on the resolution stood 54 in 
favor and 33 against. Thus the necessary two-thirds lacked 
four votes. 

Meantime, in a number of the States there has been the at- The 
tempt to get around the constitutional difficulty. The so-called Oregon 
Oregon plan really provides for the direct election of Senators. 



134 THE LEGISLATIVE DEPARTMENT 

According to this plan each party nominates its candidate in a 
primary election. The names of these candidates are then placed 
on the State ticket and are voted for at the general election. The 
person receiving the highest number of votes is declared to be the 
choice of the people. To make these steps effective, candidates 
for the legislature may be pledged, in their petition for the pri- 
mary, to vote for that candidate for United States Senator who 
has received the highest number of votes at the general election, 
without regard to their own personal preference. By such a 
process, it has happened that a Senator has been chosen of a 
different political party from that having the majority in the 
State legislature. 



Time and 
method of 
choosing 
Represent- 
atives. 



Redistrict- 
ing the 
States. 



"Gerry- 
mander- 
ing." 



The time for the election of Representatives has been 
prescribed by Congress to be the Tuesday next after the 
first Monday in November of the even-numbered years. 
The Constitution provides that they shall be elected by 
the people. For many years there was variation in the 
practice of the States, some electing their Representatives 
by districts, others at large. Since 1842 Congress has re- 
quired the district plan. But a State receiving an addi- 
tional Representative, by a new apportionment, may elect 
him at large until the State is redistricted. 

The process of districting the States is under the con- 
trol of the State legislatures, and is usually performed 
during the first session after a new apportionment has 
been made, although some States are redistricted more 
frequently. The only restrictions placed upon the legis- 
latures are those contained in a Congressional act of Feb- 
urary 2, 1872, which provides that the districts shall be 
composed of contiguous and compact territory and con- 
tain, as nearly as practicable, an equal number of inhabi- 
tants. 

The desire to secure party advantage has often led to 
the manipulation of district lines in a most unfair manner. 
We have good examples of this method in the redisricting 
of some of the States after each census. Thus, portions 



THE LEGISLATIVE DEPARTMENT 135 

of a State containing large numbers of voters of the oppos- 
ing party have been annexed to a district which could not 
be carried by the party having a State majority. Or at 
times territory, consisting either of One or more counties 
or a portion thereof, which had voters that could be spared 
by the majority party in one district has been united with 
some other district where the majority of their adversaries 
•ould thus be offset. Territory has been regarded as 
contiguous when it touched another portion of the district 
at one point. As a consequence, peculiarly constructed 
districts are to be found in some of the States, such as the 
"monkey-wrench" district of Iowa. When the Repre- 
sentative districts of a State have been in this manner the 
objects of political manoeuvring or when a similar system 
has been used in forming State legislative or judicial dis- 
tricts, the State is said to have been "gerrymandered." * 

The origin of the expression is described in the following : " So Origin of 
called from Elbridge Gerry, a leading Democratic politician in m ander~" 
Massachusetts (a member of the Constitutional Convention of Bryce, 
1787, and in 1812 elected Vice-President of the United States), Common- 
who, when Massachusetts was being re-districted, contrived a ™ lth > !• 
scheme which gave one of the districts a shape like that of a 
lizard. A noted artist entering the room of an editor who had 
a map of the new districts hanging on the wall over his desk, 
observed, 'Why, this district looks like a salamander,' and put 
in the claws and eyes of the creature with his pencil. ' Say 
rather a Gerrymander,' replied the editor, and the name stuck." 
Other writers have maintained that Mr. Gerry was opposed to 
this scheme. 



Supplementary Questions and References 

1. What is the number of the present Congress? Give the 
times for the beginning and end of each session. 

2. For a discussion on the time when Congress should convene, 
see Beard, American Government and Politics, pp. 248, 249. 

* City wards have also been " gerrymandered." 



136 THE LEGISLATIVE DEPARTMENT 

3. It is not required by law that a Representative should reside 
in the district that he represents, but it is an established custom. 
What are its advantages and its disadvantages? Compare with 
the English practice. Bryce, American Commonwealth, I, chap- 
ter 19, 186-190. 

4. Do you favor an educational qualification for voters ? Why ? 

5. Were the States mentioned on pp. 125-126 justified in the 
enactment of their suffrage laws? 

6. Should section 2, Amendment XIV, be enforced? Rev. 
of R's, 22 : 273-275; 653, 654; 25 : 716-718; Forum, 31 : 
225-230; Outlook, 70 : 791-792. 

7. What are the points of likeness and of difference between 
the House of Representatives and the House of Commons ? N. 
Am. Rev., 170 : 78-86. 

8. How large is your Congressional district? Compare its 
area with that of other districts in your State. What is its pop- 
ulation? Compare this with the ratio of apportionment; also 
with the population of other districts in your State. Compare 
the number of votes cast for Representative in your district with 
the number cast in districts of other States in different sections of 
the country. How do you account for the variations ? See New 
York World Almanac. 

9. Give the number of Representatives to which your State is 
entitled. Was the number increased in the last apportionment? 

10. With the admission of New Mexico or of Arizona how 
many Representatives would be added ? How many Senators ? 
Why were these territories not admitted by the 61st Congress 
(1911)? 

11. For "gerrymandering," effects, and remedy, see Outlook 
97 : 186-193; Beard Readings in American Government and 
Politics, 219, 220. 

12. For accounts of the method by which a census is taken, see 
American Census Methods, Forum, 30 : 109-119; Merriman, 
Census of 1900, N. Am. Rev., 170; Durand, Census of 1910, 
Rev. of R's, 41 : 589-596; 404-405. 

13. What were the results of the Census of 1910; present pop- 
ulation; distribution of the population; and growth during the 
century? World's Work, 21 : 13838-13842. 



THE LEGISLATIVE DEPARTMENT 137 

14. Who are some of the best known Representatives and 
Senators? For what reasons are each noted? 

15. Who are the Senators from your State? W T hen was each 
elected ? 

16. Give the names of the Speaker, and of the President pro 
tempore. 

17. Should Senators be elected by the votes of the people? 
Beard, Readings in American Government and Politics, 226-233; 
Outlook, 97 : 351, 352; 389-392; Haynes, The Election of 
Senators (arguments for), 153-210; (arguments against), 211— 
258; Rev. of R's, 42 : 133-140; Forum, 42 : 142-147; Indept., 
63 : 847-851; 64 : 1311-1312; 66 : 267-268. 

18. The power of the Senate, N. Am. Rev., 174, 231-244; 
Reinsch, Readings on American Federal Government, 146-155. 

19. Ought there be an amendment to the Constitution pro- 
viding for uniform qualifications for suffrage ? 



Article II, 
section 4. 



Article I, 
section 2, 
clause 5. 

Section 3, 
clause 6. 



Section 3, 
clause 7. 



Who 

maybe 

impeached. 



CHAPTER XV 

POWERS AND DUTIES OF THE SEPARATE HOUSES 
I. Impeachment. 

The President, Vice-President, and all civil officers of the 
United States shall be removed from office on impeachment 
for, and conviction of, treason, bribery, or other high crimes 
and misdemeanors. 

The House of Representatives shall . . . have the sole 
power of impeachment. 

The Senate shall have the sole power to try all impeach- 
ments. When sitting for that purpose, they shall be on oath 
or affirmation. When the President of the United States is 
tried, the Chief Justice shall preside; and no person shall 
be convicted without the concurrence of two-thirds of the 
members present. 

Judgment in cases of impeachment shall not extend 
farther than to removal from office and disqualification to 
hold and enjoy any office of honor, trust, or profit under the 
United States ; but the party convicted shall nevertheless be 
liable and subject to indictment, trial, judgment, and pun- 
ishment according to law. 

The term "civil officers " is here used in distinction from 
military and naval officers, who are tried for offences by 
courts-martial. Members of Congress may not be im- 
peached. It has been determined that they are subject 
only to the rules of the house of which they are members. 

What constitutes high crimes and misdemeanors has 
never been accurately denned, but they are understood 

138 



POWERS OF THE SEPARATE HOUSES 139 



trial. 



to be those offences of an official nature which the ordi- 
nary courts of law cannot reach; such as, abuse of power, 
acceptance of bribes, or intemperance. 

The House of Representatives has the sole power to prefer The 
charges of impeachment. These take the place of the indict- 
ment in the ordinary criminal trial. The Senate has the sole 
power to try all impeachments. The Chief Justice of the United 
States must preside in the trial of the President, while in ordi- 
nary trials the presiding officer is the Vice-President or the 
President pro tempore. The manner of conducting the trial 
resembles that of a trial by jury. Each Senator is sworn to be 
impartial in his decision; managers from the House present 
the charges at the bar of the Senate; the accused may answer 
in person or through his counsel; and witnesses are examined. 
When all the evidence has been submitted, the Senate deliberates 
on the case in secret session. In order that impeachment may 
not be used for party purposes, it is provided that there shall 
be no conviction except by a two-thirds vote. During the 
progress of the trial, the officer impeached is permitted to per- 
form his regular duties. 

No action can be taken by the Senate other than to remove the 
convicted official from office and to disqualify him from holding 
any office under the United States. If the offence upon which 
the conviction is secured is one punishable by law, the person 
is liable to a regular trial in the courts. The President may not 
grant a pardon in cases of impeachment. 

Largely because of the cumbersome method of procedure, 
the number of impeachment trials has been small. These have 
been the following: Senator William Blount in 1799; Judge 
John Pickering of the United States Supreme Court in 1803; 
Judge Samuel Chase of the United States Supreme Court in 1804; 
Judge James H. Peck of the Federal District Court in 1830; 
Judge W. H. Humphries of the United States District Court in 
1862; President Andrew Johnson in 1868; Secretary of War 
W. W. Belknap in 1S76; Judge Charles Swayne of the United 
States District Court in 1904; Judges Pickering and Hum- 
phries were convicted. 



Judgment 
on convic- 
tion. 



Impeach- 
mentitrials. 



140 POWERS OF THE SEPARATE HOUSES 



Section 5, 
clause 1. 
Determina- 
tion of 
member- 
ship and 
quorums. 



Contested 
seats in the 
Senate. 



II. The Quorum, Journal, and Freedom of Speech. 

Each house shall be the judge of the elections, returns, 
and qualifications of its own members, and a majority of 
each shall constitute a quorum to do business; but a smaller 
number may adjourn from day to day, and may be author- 
ized to compel the attendance of absent members, in such 
manner and under such penalties as each house may pro- 
vide. 

It is obvious that the power to judge of the elections, 
returns, and qualifications of members of a legislative 
body, must exist somewhere. This right could not be 
better placed than in the houses constituting the legis- 
lative body, for by the exercise of this right the indepen- 
dence and purity of the houses are preserved. 

In the Senate the question raised in a contest usually 
applies to whether a Senator has been duly elected. Nu- 
merous cases have been tried upon the ground that elec- 
tions have been secured by bribery and corruption. Among 
the most noted contests was that which arose in 1911, over 
the report of the Senate investigating committee in the 
case of Senator Lorimer of Illinois. A majority of the 
committee reported that the charges of bribery had not 
been proven. In the discussion before the Senate it was 
maintained by the leading advocates for Mr. Lorimer' s 
right to his seat in the Senate that purchased votes were 
not to be counted and that he had received a majority 
of unquestioned votes in the legislature. This view was 
characterized by the opposition as dangerous and alarm- 
ing. Finally, after a debate extending over many days in 
which the foremost Senators took part, the minority report, 
which asserted that Senator Lorimer, of Illinois, was not 
"duly and legally elected," was lost by the vote of 46 to 40. 
The outcome will doubtless do much to strengthen the 
demand tor the election of Senators by popular vote. 



POWERS OF THE SEPARATE HOUSES 141 

In the House the name of the person possessing the Contests in 
certificate of election signed by the Governor of his State 
is entered on the roll of the House, but the seat may 
still be contested. Many cases of contested elections are 
considered by each new House. Each of the cases when 
presented to the House consumes from two to five days 
which might otherwise be used for the purposes of legis- 
lation. The law provides that not more than $2,000 shall 
be paid either of the contestants for expenses, but even 
then, it is estimated, these contests cost the government, 
all told, $40,000 annually. When the decision is ren- 
dered by the House, the vote is, in most cases, strictly on 
party lines, regardless of the testimony. In view of these 
facts, it has been suggested that the Supreme Court 
should decide all contested elections. 

Fifteen members, including the Speaker, may be authorized what con- 
to compel the attendance of absent members. This is accom- quorum? 
plished as follows : the doors of the House are closed, the roll 
is called, and absentees noted. The Sergeant-at-arms, when 
directed by the majority of those present, sends for, arrests, and 
brings into the House those members who have not a sufficient 
excuse for absence. When a quorum * is secured the business 
is resumed. 

Each house may determine the rules of its proceedings, Section 5, 
■punish its members for disorderly behavior, and, with the RuSand 

/. , .7 • 7 7 7 discipline. 

concurrence of two-thirds, expel a member. 

The right to make its own rules is usually intrusted to 
every assembly, and this power should be vested in the 
houses of the National legislature. But rules would be 
without value unless there were some means of punish- 
ment provided for those who disregard them. It is also 
desirable that, in extreme cases, there should be some 
method of redress. The two-thirds vote necessary to ex- 
pel a member seems wise in order that expulsion may 

* For the power of. the Sneaker in counting a quorum, see p. 176. 



142 POWERS OF THE SEPARATE HOUSES 



Section 5, 
clause 3. 
The Jour- 
nal. 



The yeas 
and nays. 



Section 5, 
clause 4. 
Power to 
adjourn. 



not be easily used in the interest of a faction or of a politi- 
cal party. 

Each House shall keep a journal of its proceedings and 
from time to time publish the same, excepting such parts as 
may in their judgment require secrecy ; and the yeas and 
nays of the members of either House on any question shall, 
at the desire of one-fifth of those present, be entered on the 
journal. 

By means of the Journal, read at the opening of each 
day's session, the official record of the proceedings of 
Congress is made known to the public. The debates do 
not appear in the Journal, but are published each day in 
the " Congressional Record." 

Another means of keeping constituents informed on 
the position of their Representatives is through the re- 
cording in the Journal of the vote of each member upon 
the demand of one-fifth of those present. In voting by 
the "yeas and nays," the Clerk calls the roll of members 
and places after each name, "yea," "nay," "not voting," 
or "absent." The Senate rules specify this as the only 
method of voting. (Other methods of voting are indica- 
cated on p. 150.) 

Neither House, during the session of Congress, shall, 
without the consent of the other, adjourn for more than three 
days, nor to any other place than that in which the two 
Houses shall be sitting. 

Without such a provision it would be possible for either 
House, by adjourning, to block effectually all legislation. 
If there is a disagreement between the two Houses with 
respect to the time of adjournment, the President may 
adjourn them to such a time as he thinks proper. He 
is also authorized by law to convene Congress at some 
other place than Washington, in case of the existence 
there of contagious disease or of any other conditions 
which would place life or health in jeopardy. 



POWERS OF THE SEPARATE HOUSES 143 

The Senators and Representatives shall receive a com- section 6, 
pensation for their services to be ascertained by law, and compen- 
paid out of the treasury of the United States. They shall freedom" 
in all cases, except treason, felony, and breach of the peace, a n-St. 
be privileged from arrest during their attendance at the 
session of their respective Houses, and going to and return- 
ing from the same ; and for any speech or debate in either 
House, they shall not be questioned in any other place. 

The question, ought compensation to be given mem- salaries 
bers of legislative assemblies or should their services be senators 
regarded as honorary, gave rise to a heated discussion in the sentatfve?.' 
Constitutional Convention. Members of the State legis- 
latures were receiving salaries, but members of the English 
Parliament were not. Finally, the American practice pre- 
vailed, for it was thought that men of ability, though poor, 
might thus be enabled to enter the National legislature, 
and that the position might be made more attractive than 
that of membership in a State legislature. 

The compensation of Senators and Representatives from 
1789 to 1815 was six dollars a day and thirty cents for every 
mile travelled, by the most direct route, in going to and return- 
ing from the seat of government. Prior to 1907, this amount 
was changed several times by act of Congress. The compensa- 
tion then agreed upon was $7500 per annum, with mileage. 
An allowance is also made each member for clerk hire and 
stationery. To many this seems a large salary, but the great 
expense of living in Washington renders the amount quite in- 
adequate. Many members make a financial sacrifice in accept- 
ing a seat in Congress. 

As already noted, a member of Congress may be pun- Privilege 
ished for an offence by the House to which he belongs, arrest. 
It is manifest that he should be free from arrest, except 
in case of treason, felony, and breach of the peace; other- 
wise his district might, sometimes under false charges, 
be deprived of representation, and National legislation be 
interrupted. 



144 POWERS OF THE SEPARATE HOUSES 



Freedom of 
debate. 



Section 6, 
clause 2. 
Disqualifi- 
cation to 
hold other 
offices. 



Freedom of speech is quite as important in a repre- 
sentative government as freedom of person. This privi- 
lege extends to all utterances used in the course of leg- 
islation. Since all Congressional debates are published, 
it is held to apply to them also. 

No Senator or Representative shall, during the time for 
which he was elected, be appointed to any civil office under 
the authority of the United States which shall have been 
created, or the emoluments whereof shall have been increased, 
during such time ; and no person holding any office under 
the United States shall be a member of either House dur- 
ing his continuance in office. 

The purpose of this provision, which was discussed 
at considerable length in the Constitutional Convention, 
seems to have been to remove the temptation on the part 
of Congressmen to create offices or to increase the emolu- 
ments of those already existing in order to profit by 
such legislation. It was also thought necessary to guard 
against bargaining. The President, in order to secure 
certain legislation, might agree to appoint to offices thus 
created Congressmen who aided him. 

The exclusion of United States officials from seats in 
Congress was due to the desire of appeasing State jealousy, 
which asserted that the National government would secure 
an undue influence over the State governments. It is 
advocated, with good reason, that members of the Cabinet 
should be privileged to take part in the discussion of 
measures in Congress which pertain to their own depart- 
ments. Alexander Hamilton asked for this privilege, but 
it was refused because of the fears of his influence. The 
precedent thus established has always been retained. 
But since executive officers are often invited to present 
their views before committees of Congress, they may exert 
great influence upon legislation. 



CHAPTER XVI 

PROCEDURE IN CONGRESS 

The first step in the enactment of a law is the intro- 
duction of a bill. In the House of Representatives the bill, 
indorsed with the name of the member introducing it, 
is placed in a basket on the Reading Clerk's desk. It is 
then referred to a committee by the Parliamentary Clerk. 
In the Senate, the member introducing a bill rises, is 
recognized, and asks leave to introduce it. 

FORM OF A BILL 



56th Congress 
1st Session 

H. R. 6071 
[Report No. 376.] 
IN the House of Representatives 
Jan. 12, 1900. 
Mr. Loud introduced the following bill, which was re- 
ferred to the Committee on Post-Offices and Post-Roads 
and ordered to be printed. 

Feb. 19, 1900. 
Reported with amendments, referred to the House 
Calendar, and ordered to be printed. 



A BILL 
To amend the postal laws relating to second-class mail 
matter. 

1 Be it enacted by the Senate and House of Repre- 

2 sentatives of the United States in Congress assembled, 

3 That mailable matter of the second class shall embrace 



145 



146 PROCEDURE IN CONGRESS 

The introduction and reference of bills take place 
during sessions of the Houses, but the bills do not come 
up for consideration until the committees report them 
back. 
The Before proceeding further with the history of a bill we 

system. must notice a most important feature of Congressional 
machinery — namely, the committee system. Almost every 
deliberative body finds it convenient to intrust certain parts 
of its business to committees. When the assembly is large, 
and especially when the mass of business is great, com- 
mittees are absolutely necessary. After a committee has 
given consideration to any matter in its charge, it submits 
to the main body a report recommending whatever course 
of action it deems wise. The assembly may either adopt 
or reject this report. In Congress many thousands of bills 
are introduced in a single session. By far the greatest 
part of the work of Congress, therefore, must be done in 
committees. To these committees all bills must be re- 
ferred. The chairman of each committee and a majority 
of its members are selected from the party having a major- 
ity in the house where the committee originates. 

For many years it was the custom that committees in 
the House should be appointed by the Speaker; but in 
the first session of the 62d Congress (a special session 
meeting in April, 1911) a new rule was adopted under 
which all committees are elected. In the Senate, also, 
committees are elected; that is, the Senators of each party, 
acting in separate caucuses, select the members who are to 
serve on the various committees. 

In the 60th Congress 28,000 bills were introduced in the 
House and 9,500 in the Senate. In the next Congress there 
were 61 House committees, varying in membership from 5 to 
19. In this Congress 33,015 bills were introduced in the House. 
In the 62d Congress the principal committees consisted of 
21 members each — 14 Democrats and 7 Republicans. Among 



PROCEDURE IN CONGRESS 147 

the most important standing committees of the House are the 
following: Ways and Means (the most important because it 
has charge of bills for raising revenues), Appropriations, Judi- 
ciary, Interstate and Foreign Commerce, Post-Offices and Post- 
Roads, Military Affairs. The number of committees in the 
Senate was 72 in the 61st Congress. The names of a few are: 
Finance (corresponding to the Committee on Ways and Means 
in the House), Agriculture, Commerce, Foreign Relations, Indian 
Affairs, Railroads, Public Lands. 

Both in the House and in the Senate, every member is on 
some committee, and some members have places on several 
committees. 

Over the bills placed in their charge, committees have Power of 
a great degree of control. "They may amend a bill as over bills. 
they please; they may even make it over so entirely that 
it is really a new bill, reflecting the views of the com- 
mittee rather than the views of the originator." The power 
of House committees to kill bills by refusing to report them 
was exercised for many years, until it was taken away, in 
1910, by a new rule under which a majority of the House 
may discharge a committee from further consideration of 
a bill. It may then be brought before the House in spite 
of the committee's opposition. 

The influence of committees in determining what laws 
shall be passed is further shown by the following facts: 
(1) Their sessions are secret and their proceedings are sel- 
dom published. Committees frequently conduct "hear- 
ings," however, which are generally public, and at which 
testimony and arguments are presented by both friends 
and opponents of a measure. (2) Only a very small pro- 
portion of the bills referred are ever reported back to the 
House. (3) The House really deliberates upon only a 
few of the most important bills that are reported. It ac- 
cepts the recommendations of the committees as to the 
proper disposition of the great majority of these bills, 
and they are passed or rejected without question or de- 



148 PROCEDURE IN CONGRESS 

bate. About five or ten per cent, of the measures intro- 
duced become laws, and only a small number of these are 
bills of importance. 
Responsi- Only in small measure, therefore, do we have, in the 
committees House, legislation by deliberation and debate.* The 
power intrusted to the committees is so great that nothing 
but the personal integrity of the Representatives can pre- 
vent its abuse. Corrupt influences may easily be brought 
to bear upon them, for there are always present in the 
" lobby" men whose sole aim is to influence legislation in 
this way. Since the committees are held responsible only 
in a slight degree for the business intrusted to them, the 
detection of such evils is very difficult. 
The When a bill is reported back to the House it is placed 

calendars. 

on one of three calendars: the first, known as the "Union 
Calendar," contains all bills for raising revenue and all bills 
of a public character appropriating money; the second, 
or "House Calendar," all other bills of a public character; 
the third, all private bills. Bills are not ordinarily brought 
before the House for discussion in the order in which they 
stand on these calendars. Whether a bill will ever get 
farther than the calendar depends to some extent upon its 
importance and merits, but chiefly upon the skill and in- 
fluence of the member who has charge of it. This is gener- 
ally the chairman of the committee that reported the bill. 

The above statement is subject to modification in two ways. 
(1) A fourth calendar, known as the Unanimous Consent Calen- 
dar, contains bills that were originally upon the first two cal- 
endars mentioned, but which have been transferred to it at the 
request of a member. When this calendar is before the House, 
bills may be called up in the order in which they stand upon 
it, by unanimous consent; that is, if no member objects. (2) 
Another rule (since 1910) establishes "Calendar Wednesday," 
which will be explained on p. 149. 

* There is much debate, however, in connection with appropriation 
bills. 



PROCEDURE IN CONGRESS 149 

Like all similar bodies, the House has an "order of The 
business" laid down by the Rules. (1) After the prayer business." 
by the chaplain each day's business is opened by the read- 
ing and approval of the Journal. (2) Then the Speaker 
lays before the House messages from the President, re- 
ports and communications from heads of departments, 
etc., which are at once referred to special or standing 
committees. (3) Next in order comes unfinished business. 
(4) The rules provide that on all days except the second 
and fourth Mondays of each month,* one hour shall be 
given to a "call of the committees." During this "morn- 
ing hour" "each committee when named may call up for 
consideration any bill reported by it on a previous day." 
At the expiration of one hour the House may go into 
"Committee of the Whole" (see pp. 150-151); or, the 
"morning hour" may continue a longer time. Beyond 
this order of business the procedure is too complicated 
for brief statement. 

The theory of the rule requiring a call of committees 
daily has not been observed in practice, so that there has 
been slight chance that a bill could be called up, except 
by consent of the Speaker. This condition was altered in 
1910 by the rule requiring that on Wednesday of each week 
the list of committees must be called in their order, and 
that bills on the Union and House Calendars may then be 
considered. 

It is during the call of the committees that a member How a bin 
in charge of a bill may secure recognition, that is, the the House, 
right to speak. He thus brings his bill before the House. f 

* On these days the business reported by the Committee on the Dis- 
trict of Columbia has precedence. 

t A previous arrangement with the Speaker, or with the Committee on 
Rules, is necessary to secure recognition, except on "Calendar Wednes- 
day." or for the consideration of bills on the Unanimous Consent Calen- 
dar, or those which have been taken out of the hands of committees. 
(See discharge of committee, p. 147.) 



150 PROCEDURE IN CONGRESS 

The consideration of this bill may occupy the entire hour, 
during which the member has control of the floor. After 
speaking, he generally yields the floor, temporarily, to 
others, both friends and opponents, who debate upon the 
bill or endeavor to amend it. 
Methods of Before a bill is brought to a final vote the Clerk reads it 

voting. . 

three times: the first time by title, the second time in full, 
and the third time by title only, unless the reading in full 
is demanded by a member. When the Speaker puts the 
question of the passage of a bill he says, "As many as are 
in favor say aye"; then "As many as are opposed say 
no." If he doubts which side has prevailed, or if a 
division is called for, a rising vote is taken. If he is still 
in doubt, or if a count is demanded by at least one-fifth 
of a quorum, two members are appointed tellers; the mem- 
bers voting in the affirmative pass between the tellers and 
are counted; then those favoring the negative. If the 
question is one that requires the yeas and nays, or if this 
method of voting is demanded by one-fifth of those present, 
the roll is called. Each member who wishes to vote re- 
sponds when the Clerk reads his name. This process con- 
Pairs sumes half an hour or more. After the roll-call is com- 
pleted, the Speaker announces the pairs. Members who 
belong to different political parties, or members of the 
same party, may agree that they shall be recorded on 
opposite sides of a question, whether they are present or 
not. Pairs may be arranged for particular votes only, for 
a given day, or for a longer time. This device enables 
a member to be absent from the House without feeling that 
his vote is needed, while at the same time. a record has 
been made of his views. 
Committee An important method of procedure remains to be de- 
whoie. scribed. At any time after the "morning hour," a motion 
is in order that the House go into "Committee of the 
Whole House on the State of the Union." Certain bills, 



PROCEDURE IN CONGRESS 151 

as those levying taxes and appropriating money, must be 
considered in Committee of the Whole. The Speaker 
leaves the chair, calling another member to his place as 
chairman. In Committee of the Whole great freedom of 
debate is allowed. Consequently, a bill receives much more 
discussion than under the general order of business. 
When the debate is closed, the committee rises and reports; 
that is, the Speaker returns to his chair and the chairman 
reports to the House whatever action has been agreed 
upon in the Committee of the Whole. The House then 
adopts this report. It is under this procedure that most 
of the long speeches reported in the "Congressional 
Record" are delivered. Frequently, instead of actually 
delivering his speech, a member merely makes a few re- 
marks and asks leave to print the rest of it. Members 
frequently get reprints of their speeches (whether these 
were actually delivered or not) for distribution among 
their constituents and for campaign literature. 

We have now followed the course of a bill from its in- The bill in 
troduction in the House, through the committee and the 
debate which it may receive, to the final vote on its passage. 
When a bill has passed the House it receives the signatures 
of the Speaker and the Clerk and is carried to the Senate. 
Here the presiding officer immediately refers it to a com- 
mittee. The process of passing bills in the Senate is in 
general the same as in the House. Some differences in 
procedure will, however, be noted later. Each house has 
the right to amend a bill that has already passed the other 
house. If the house in which the measure originated does 
not accept the amendment the bill fails to become a law. 
Or, a conference committee may be arranged, which is Conference 
composed of a few (generally three) members from the tees. mit " 
House and Senate committees that have previously con- 
sidered the bill. If the conference committee succeeds in 
arranging a satisfactory compromise, each house will pass 



i52 PROCEDURE IN CONGRESS 

the bill in the form agreed upon and reported by this com- 
mittee. 

The power of enacting laws is not vested solely in 
Congress, but it resides to some extent in the President 
also. The manner in which the President may exercise 
his legislative authority is now stated. 
Article I, Every bill which shall have passed the House of Repre- 

c?ause n 2.' sentatives and the Senate, shall, before it become a law, be 
presented to the President of the United States; if he ap- 
prove, he shall sign it; but if not, he shall return it, with 
his objections, to that house in which it shall have origi- 
nated, who shall enter the objections at large on their journal, 
and proceed to reconsider it. If, after such reconsidera- 
tion, two-thirds of that house shall agree to pass the bill, 
it shall be sent, together with the objections, to the other 
house, by which it shall likewise be reconsidered, and if 
approved by two-thirds of that house, it shall become a law. 
But in all cases the votes of both houses shall be determined 
by yeas and nays, and the names of the persons voting for 
and against the bills shall be entered on the journal of each 
house respectively. If any bill shall not be returned by the 
President within ten days (Sundays excepted) after it shall 
have been presented to him, the same shall be a law, in like 
manner as if he had signed it, unless the Congress, by their 
adjournment, prevent its return, in which case it shall not 
be a law. 
Reasons The President is expected to use his veto power when- 

veto ever, in his opinion, a bill of Congress is unwise or uncon- 

stitutional. The division of the legislative power between 
these two departments of government is in accordance 
with the principle of "checks and balances" which we 
may find exemplified in many other parts of our National 
system. Hasty action on the part of Congress, or an 
attempt to encroach upon the jurisdiction reserved to the 
other departments or to the States, may be opposed by the 



power. 



PROCEDURE IN CONGRESS 153 

Presidential veto. The veto power is not absolute, how- 
ever, since a determined majority of two-thirds of the 
members in both houses may prevail in spite of it. This 
feature of the system is based on a sound principle, also, 
since it must be presumed that the will of the people is 
more adequately represented in a Congress that is con- 
stituted in this way than in the person of the President 
alone. 

Before President Johnson, the largest number of bills vetoed Vetoes by 
by any one President was twelve, by President Jackson. Dis- Presidents, 
agreement with Congress on the reconstruction policy accounts 
for President Johnson's twenty-one vetoes. Some of the bills 
to which he refused assent were important and were afterward 
passed over his veto. President Grant vetoed forty-three bills, 
one of which (the so-called "inflation bill") was of great con- 
sequence. President Cleveland vetoed three hundred and one 
bills in his first administration, the total number of vetoes in 
our history before that time having been but one hundred and 
thirty-two. This is largely accounted for by President Cleve- 
land's refusal to sign certain private pension bills, of which a 
great number are passed by every Congress.* 

The President may cause a bill to fail by neither signing nor The 
vetoing it during the last ten days of a session. The term "p° c k et 
"pocket veto" has been applied to this method of defeating 
legislation. 

Lest Congress should seek to evade the necessity of 
submitting its acts to the President, the following clause 
of the Constitution prohibits the enactment of legislation 
under any other title than that of a bill. 

Every order, resolution, or vote to which the concurrence section 7, 
of the Senate and House of Representatives may he neces- 
sary {except on a question of adjournment), shall be pre- 
sented to the President of the United States; and before 
the same shall take effect, shall be approved by him, or be- 
ing disapproved by him, shall be repassed by huo-thirds of 

* For Johnson's vetoes, see American History, 422, 423; Grant's, ibid.. 
445; Cleveland's, ibid., 465-466. 



clause 3. 



154 



PROCEDURE IN CONGRESS 



Unifying 
forces in 
the House. 



The power 
of the 
majority. 



the Senate and House of Representatives, according to th 
rules and limitations prescribed in the case of a bill. 

Because the House represents the people more directly 
than does the Senate, and because it is, generally speaking, 
the more interesting body to observe, we shall now look 
farther into its workings to discover how its action is really 
controlled. When one considers the immense mass of 
business laid before the House and the more than fifty 
committees that work independently of one another, each 
member and each committee endeavoring to secure the 
passage of particular bills, it seems a wonder that any 
unity of purpose or harmony in legislation can be at- 
tained. But forces are at work beneath the surface to 
bring order out of the apparent chaos. 

The first of these forces is the power of the majority. 
Party caucuses and conferences — that is, meetings of the 
Representatives belonging to one party — are of frequent 
occurrence, especially if the majority is small and it be- 
comes necessary to present a united front to the opposition. 
Those who attend and participate in a caucus are expected 
to abide by the decision of the majority as to the measures 
that must be passed or rejected in Congress. But no 
such rule binds members who attend a party conference. 
In this way a more or less consistent policy may be car- 
ried out. The power of the majority may also be seen 
at work in the committees. The majority of a committee 
sometimes frames a bill without consultation with the 
minority members. The latter are called in when the 
measure is complete, and their views are given a hearing, 
but they really have no voice in the matter. They may, 
however, present a minority report to the House. 

A second force tending to unify the action of the House 
is the authority given to the Committee on Rules. This 
committee is composed (since March, 1910) of ten mem- 
bers, six being of the majority and four of the minority 



PROCEDURE IN CONGRESS 155 

party. They are elected, and the Speaker cannot be a 
member. 

It will be remembered that with certain exceptions (see committee 
p. 149) bills are not considered in their order on the calen- ° es ' 
dars. Otherwise, this committee decides which bills shall 
be taken up, what length of time shall be given to each, 
and when each shall come to a vote. It thus makes a 
sort of program for the House and so decides the fate 
of a great many bills. Of course the Committee on Rules 
must be sustained by a majority of the House; but the 
House generally looks to this committee for leadership. 

A third force tending to unify the action of the House The power 
is the power of the Speaker. Since the Speaker repre- Speaker, 
sents the majority, he is dependent upon it for the ex- 
ercise of his power. But once elected, this officer is re- 
garded as the leader of the majority and his influence 
is very great in determining party policy. The Speaker's 
power is exerted in several ways: 

(1) When the minority foresee that they will be beaten Fiiibus- 
on an important question they sometimes resort to fili- 
bustering or obstructive tactics. They endeavor to delay 
action in the hope that the majority will be driven by sheer 
exhaustion to compromise. They accordingly consume 
time by making long speeches. But since the Committee 
on Rules (sustained by a majority of the House) may fix 
the time for a vote, this method of filibustering is not al- 
ways effective. Again, the minority may attempt to de- 
lay action by making dilatory motions (such as a motion to 
adjourn) and then calling for the yeas and nays. Since 
each roll-call occupies half an hour or more, this method 
has sometimes in the past been very successful. But in 
recent years the Speaker has been given authority to de- 
cide when, in his opinion, such motions are intentionally 
dilatory, and to refuse to entertain them. At such times, 
therefore, the Speaker sets aside the ordinary rules of 



tenng. 



156 



PROCEDURE IN CONGRESS 



Counting a 
quorum. 



Recog- 
nition. 



parliamentary practice and governs the House arbitrarily; 
but it must be remembered that he is executing the will 
of the majority. 

Speaker Reed used an effective method to stop filibustering 
in the 51st Congress, when the Republican majority was very 
small. In order to prevent the passage of bills, members of 
the minority would refuse to vote when the roll was called. As 
it was often impossible to secure the attendance of all members 
of the party in power, the roll-call would show less than a ma- 
jority "present." Hence business would be stopped under the 
point of order "no quorum." At such a juncture, Speaker 
Reed directed the clerk to count as present members sitting in 
their seats who had not voted. Thus a quorum was secured and 
bills were passed. The Supreme Court has pronounced this proced- 
ure legal, and subsequent Congresses have followed the practice. 

(2) Much of the power given to the Speaker would be 
useless but for the power of recognition. As in other as- 
semblies, before any one can speak he must be recognized 
by the chair. The Speaker may recognize whom he 
pleases, not necessarily the one who first addresses him, 
except on " Calendar Wednesday," and when bills are 
called up from the Unanimous Consent Calendar, and in 
the case of bills taken out of the hands of a committee. 
Consequently, at other times if a member wishes to push 
his bill through the House, it is necessary to consult the 
Speaker and obtain his consent. He will then be recog- 
nized at the time agreed upon. By a similar arrange- 
ment other members will secure the right to debate the bill. 

Until the long session of the 61st Congress (March, 1910), the 
Speaker's power also included that of appointing all committees, 
including the Committee on Rules, and he was chairman of that 
committee. These facts gave him almost dictatorial power over 
the bills that should come up for discussion and over their fate 
as well. This power as exercised by Speaker Cannon resulted 
in a revolt in which a number of Republican members (known 
as "insurgents") joined with the Democratic Representatives to 



PROCEDURE IN CONGRESS 157 

outvote the "regular" Republicans, and thus secured amend- 
ments to the Rules. The constitution of the Committee on 
Rules was changed (see above) and the Speaker was made ineli- 
gible for a position upon it. 

It was claimed that these changes were necessary to take the 
control of the House out of the hands of a small body of men. 
On the other hand, the previous arrangement was regarded by 
some as essential to prevent filibustering and to expedite busi- 
ness. 

Procedure in the Senate differs from that in the House compari- 
in three important respects. (1) The presiding officer, senate and 
whether he be the Vice-President or the President pro procedure. 
tempore, has less power than the Speaker. He is more 
impartial in his recognition of both sides, therefore fili- 
bustering is easier in the Senate than in the House. 

(2) There is less restriction on the freedom of debate in 
the Senate; consequently important measures are passed 
less promptly than in the House. In fact, there is no 
means by which debate can be closed in the Senate. 

(3) The Senate has a higher standard of decorum than 
that which prevails in the House. Senators are expected 
to heed carefully one another's rights and w T ishes, and to 
avoid extreme exhibitions of party spirit. The Senate 
is, therefore, a more quiet and orderly body than the 
House; in it angry debate and violent behavior are of 
rare occurrence.' In its methods of procedure the Senate 
is more deliberative and less business-like than the House. 

In State legislatures throughout the Union the method of Cabinet 

procedure is substantially the same as that which we have seen system of 
r govern- 

at work in Congress. But this system, sometimes called the ment. 

"Committee system," is found nowhere else. Every national 

legislative body in the world except our Congress works under 

the "Cabinet system" of government. This may be best seen 

in the English Government, where it was first developed. 

The supreme legislature of England is Parliament, composed The 

of the House of Commons and the House of Lords. Although Cabinet 

England is nominally a kingdom, the monarch has little real system. 



158 PROCEDURE IN CONGRESS 

authority. The actual executive is the Cabinet; at its head 
is the Prime Minister, who corresponds in many ways to our 
President. In England the legislative and executive depart- 
ments are united; for the members of the Cabinet must be 
members of Parliament, and the Prime Minister is always the 
leader of the political party that has a majority in the House 
of Commons. Nominally the monarch chooses the Prime Min- 
ister, but in reality he has no choice. The members of the Cabi- 
net, numbering fifteen or twenty, are executive officers. Each 
presides over a department and controls the administration of 
its affairs as Cabinet officers do in the United States. At the 
same time, it is the duty of Cabinet ministers to participate 
in the legislation of Parliament: (1) by framing and introducing 
all important bills, and (2) by pushing these* bills through Parlia- 
ment by debate and otherwise. 

The Prime Minister "leads" the majority party in the House 
of Commons; or, if he is a member of the Lords, another Cabi- 
net member is leader of the Commons. The opposition party 
likewise has its leader in each house. The "Opposition" tries 
to hamper or defeat the measures of the Government. 

The length of a Congress in the United States is fixed at two 
years. A term of Parliament may last seven years, but Parlia- 
ment may be dissolved and a term ended at any time. The way 
in which this comes about is the most essential feature of Cabi- 
net government. The Cabinet, we have seen, is put into office 
by the majority in the House of Commons, and it will retain its 
position as long as it is sustained by that majority. If, however, 
its policy proves to be unpopular, or its administration weak, 
some of its former friends will withdraw their support. There 
may then be passed a vote of "lack of confidence"; or, more 
usually, the Cabinet fails to pass an important bill because it 
no longer commands sufficient votes in the House of Commons. 
Dissolution In either case the Cabinet resigns, Parliament is dissolved, and 
ment. r Ia ~ a general election is held at which the people elect new members 
of the House of Commons. In this new house, the party that 
has just been retired from power may be restored if the people 
sustain its policy; if they do not, the opposite party will have a 
majority in the House of Commons and its leader will become 
Prime Minister. 
Responsi- Certain advantages are claimed for this system over the Con- 

gressional or Committee system. (1) It is said that the party 
in power is more directly responsible to the people because its 



PROCEDURE IN CONGRESS 



159 



tenure of office is not fixed, but liable to termination at any- 
time. "Government," as the governing officials are called, will 
therefore watch public opinion very closely and try to avoid all 
unpopular measures. Moreover, the people watch the ministry 
closely because they may be called upon at any time to approve 
or condemn its policy by electing a new House of Commons. 
For the Congressional system it is claimed that these same ad- 
vantages are secured by the frequency of our elections. The 
hope of re-election creates responsibility. 

(2) Under the Cabinet system the harmony of the legislative 
and executive departments is certain. The House of Lords may 
not agree with the Commons, but its power is very much less 
than the power of the Senate in the United States. The Lords 
may delay, but they will never defeat an important bill which 
the Commons, backed by the people, are determined shall pass.* 
In the United States the President may not be of the same 
party as the majority of Congress; or, being of the same party, 

he may have very different views. There will consequently be Harmony, 
friction and a failure to harmonize the action of these two de- 
partments. On the other hand, it is urged that a Cabinet is 
undertaking too much when it assumes both legislative and 
executive functions. Attention is also called to the fact that 
our legislative and executive are not completely separated. 
Certain functions are shared between them. Moreover, it is 
quite customary for Congressmen and committees to consult 
heads of departments and other officials while framing bills. 

(3) In Parliament, the leadership of certain men is more clearly Leadership, 
recognized and more consistently followed than in Congress. 
Consequently, the measures by which a party carries out its 

policy have a certain unity of purpose and harmony among them- 
selves. The Committee system, English writers say, discour- 
ages leadership, by the division of responsibility for legislation; 
it makes possible poorly constructed and inconsistent laws 
which do not pretend to be parts of a deliberate governmental 
policy. Defenders of the Committee system point to the unify- 
ing influence of the party caucus and to the work of conference 

* The rejection by the Lords of the Commons' budget bill (for raising 
revenue), in 1910, was followed by the proposal to remove the power 
of the upper house to veto bills. This veto may also be prevented by 
the action of the King in appointing (upon the advice of the ministry) 
such a number of new peers, with the right to sit in the House of Lords, 
as will outvote the opponents of any measure in that house. 



160 PROCEDURE IN CONGRESS 

committees in harmonizing differences between the houses. 
Moreover, it is claimed that the Speakership furnishes a suffi- 
cient element of leadership and that more is not desirable. 



Supplementary Questions and References 

1. From the Congressional Record one may learn the forms 
used by members of Congress in addressing the chair and each 
other; also the forms of response used by the Speaker and the 
President of the Senate. 

2. In the Congressional Directory will be found lists of the 
standing committees of each house, as well as select and joint 
committees; diagrams of the city of Washington, the Capitol 
building, and the floors of the houses showing the seats occupied 
by the members; also biographical sketches of Senators and 
Representatives. 

3. What difference is there in the granting of recognition to 
members in the Senate and House? Harrison, This Country 
of Ours, 45-48. 

4. One way of accounting for the large number of bills intro- 
duced into Congress is discussed in Bryce, I, 136-138. 

5. What appearance does the House of Representatives make 
when at work ? Bryce, I, 142-148. 

6. What are the relations of the two houses of Congress? 
Bryce, I, chapter 18. 

7. The veto power. Bryce, I, 58-61; Cooley, Principles of 
Constitutional Law, 49, 166-169. 

8. How are obstructive tactics carried on ? Alton, Among the 
Law Makers, chapter 20. 

9. Why is there little debate in the House of Representa- 
tives? Wilson, Congressional Government, 72-73, 86-102. 

10. Compare the Speaker of the House of Representatives with 
the Speaker of the House of Commons. Bryce, I., 138-141. 

11. The best descriptions of Congressional procedure are 
found in Bryce, I, chapters 10-16; Wilson, Congressional Gov- 
ernment, chapters 1, 2, 4; Follett, The Speaker; McConachie, 
Congressional Committees; Beard, American Government and 
Politics, chapter 14; Making laws at Washington, Cen. Mag., 



PROCEDURE IN CONGRESS 161 

42 : 169-187; Senate procedure, World's Work, 11 : 7060-7065; 
7206-7211. 

12. On the powers of the Speaker, see Forum, 41 : 344-350; 
N. Am. Rev., 188 : 495-503; 189 : 233-241; Rev. of R's, 39: 
465-474; Cen. Mag., 56 : 306-312; Hart, Essays on American 
Government, chapter 1, The Speaker as Premier. 

13. The revolt of the Insurgents and the revision of the Rules. 
Outlook, 94 : 635-640; 750-754; Rev. of R's, 41 : 396-399; N. 
Am. Rev., 191 : 510-515. 

14. The English Cabinet system is best treated in Bagehot, 
The English Constitution; Wilson, The State; Moran, The 
English Government. 

15. For comparisons of the Cabinet and Committee systems 
consult Bagehot, 84-100; Bryce, I, 147-153, 154-156, 168-173, 
286-297; Wilson, Congressional Government, 72-73, 86-102, 
115-124, 318-324; Fiske, the Critical Period of American His- 
tory, 289-300. 



CHAPTER XVII 



NATIONAL FINANCES 



Finances of 
the Confed- 
eration. 



Article I, 
section 8, 
clause 1. 



Nothing revealed more completely the fatal weakness 
of the government under the Articles of Confederation 
than its failure to exercise effectively the power of taxa- 
tion.* While the Articles provided that the expenses of 
the general government should be paid out of a com- 
mon treasury "which shall be supplied by the several 
States," the taxes were to be "laid and levied by the au- 
thority and direction of the legislatures of the several 
States." In practice, each State contributed as much 
or as little as it pleased. The general government made 
"requisitions" upon the States for certain amounts, but 
it had no means of compelling the legislatures to raise 
their quotas. The failure of the efforts that were made 
to amend the Articles so as to give Congress power to 
levy import duties, marks the complete break-down of the 
government's finances. There was needed a system under 
which the National authority might be exerted directly 
upon the individual citizens, without the intervention of 
State authority. This was secured by the following clause 
of the Constitution. 

The Congress shall have power to lay and collect taxes, 
duties, imposts and excises, to pay the debts and provide 
for the common defence and general welfare of the United 
States; but all duties, imposts and excises shall be uni- 
form throughout the United States. 

* See American History, 184, 193-194. 
162 



NATIONAL FINANCES 163 

Coupled with this grant of power was a prohibition: 

No tax or duty shall be laid on articles exported from Section 9, 

v ' clause 5. 

any State. 

The forms of taxation most employed by the National 
government are known as duties * and excises. The 
duties which Congress is empowered to levy are taxes on 
goods imported into the country. The collection of duties 
takes place at custom-houses situated at the "ports of 
entry." There are more than one hundred and fifty 
ports of entry distributed throughout the United States; 
the greater part, though not all, are seaport cities. Each 
custom house is in charge of a collector. Duties are of 
two kinds, specific and ad valorem. Specific duties are Kinds of 
fixed amounts levied on certain units of measurement of 
commodities, as the pound, yard, or gallon. For ex- 
ample, under the tariff law of 1909 the duty on tin plate 
was one and two-tenths cents for each pound. Ad valorem 
duties are levied at a certain rate per cent, on the value 
of the articles taxed. The law of 1909 laid a duty of 60 
per cent, on lace manufactures. On some articles both 
kinds of duties are collected; under the law just mentioned, 
the duties on carpets and rugs were 10 cents per square 
foot and 40 per cent, ad valorem in addition. 

At New York, where by far the largest part of our importa- The 
tions are entered, two thousand officers and clerks are employed ^ cfuties! 
in the custom house. The method of collecting duties may be 
briefly described. When goods are purchased in a foreign coun- 
try, an invoice of them, stating descriptions and prices, is filed 
with the United States consult in the district where the pur- 
chase is made. The consul sends a copy of the invoice to the 
officials of the custom house at the port of entry to which the 
goods are shipped. Upon their arrival in the United States, 
the cases are opened and the goods are examined to see that they 

* "The terms duties and imposts are nearly synonymous." — Cooley, 
Principles of Constitutional Law, 54. 
t See page 247. 



164 NATIONAL FINANCES 

correspond in amount and prices to the invoice record. If, in 
the judgment of the custom house appraisers, the goods are 
valued too low, the valuation will be raised. In case of great 
undervaluation, a fine is imposed, and in extreme cases the 
goods are confiscated. 
Goods in If an importer does not wish to sell his goods immediately, 

bond. t ^ e y may k e s t ore( } m a "bonded warehouse" which is under 

the supervision of Government officials. The owner agrees, 
under bond, to withdraw the goods and pay the duties (or else 
to export the goods) within three years. By a similar arrange- 
ment, goods may be shipped "in bond" from a port of entry 
to a "port of delivery." 

Passengers on steamships coming from foreign countries are 
required to declare what dutiable goods they have among their 
baggage. Upon landing, their baggage is examined; trunks and 
valises are opened, and in suspected cases the persons of travel- 
Smuggling, lers are searched for concealed dutiable goods. The temp- 
tation to undervaluation and to smuggling, in order to escape 
this form of taxation, is so great that constant vigilance is neces- 
sary at custom houses and along the borders of the United 
States to prevent these frauds. Special agents and revenue cut- 
ters are employed to detect violations of the law. 

Tariff laws A schedule of rates of duties is called a tariff. It is 
evident that the importer adds the amount paid as a 
duty to the price of an imported article when he sells it. 
If a higher price is caused in this way,* this may deter 
importation and encourage the production of such arti- 
cles in this country. Consequently, high rates of duties 
may have a decided influence upon the industries of a 
country. When tariff rates are fixed without reference 
to the way in which they may affect industries, we have 
a "tariff for revenue"; the sole object in view is the 
raising of a certain amount of revenue. In a "protective 
tariff" law, on the other hand, the rates are fixed with 
the purpose of encouraging certain industries; they are 
made so high that it will be less profitable to import the 

* It may happen that the foreign producer will lower his prices suffi- 
ciently to counterbalance the effect of the duty in this country. 



NATIONAL FINANCES 165 

articles. The question, Which tariff policy is the wiser? 
lias been one of the leading issues in National politics 
during the greater part of our history. 

The United States has entered into "reciprocity treaties" Reciproc- 
7ith various countries for securing the reduction of tariff rates. lty * 
Each country agrees to admit certain products of the other 
country at reduced rates, or free of duty. These are com- 
modities in the production of which there is little or no com- 
petition between the parties to the treaty. 

The tariff law of 1909 provided for a tariff board of three The Payne- 
members, who will investigate the facts as to production and tarifnaw, 
prices, both here and abroad, upon which our tariff laws should 1909 - 
be based. (Compare the Tariff Commission of 1883, American 
History, 467-468.) 

This is a step in the direction of placing the work of tariff mak- 
ing upon a scientific basis, rather than leaving the determina- 
tion of rates to influences that may be brought to bear upon 
members of Congress by particular industrial interests, which 
naturally wish rates favorable to themselves. This law also 
incorporated the maximum and minimum principle. That is, 
the rates fixed were minimum; but whenever the President shall 
determine that any other country has so adjusted its tariff rates 
that they unjustly discriminate against our products, then he , 

ma}' order an increase of twenty-five per cent, upon these rates, 
to apply to certain imports from that country. Free trade with 
the Philippine Islands was enacted, though the amounts of sugar 
and tobacco that can be imported free were limited. There was 
established a Customs Court, for the consideration of disputed 
questions of classification and rates, hitherto decided by cus- 
toms officers and the regular courts. 

Excises are taxes levied on the manufacture and sale The 

of commodities. It is customary to speak of the proceeds revenue 

of these taxes as "internal revenue." Liquors and tobacco 

are the most common objects of excise taxation.* Besides 

* Taxes are levied not only upon the liquors themselves but upon the 
business of brewing and rectifying; of selling by wholesale and by retail; 
of manufacturing stills: and upon the stills themselves. A list of these 
taxes may be obtained from the collector of any internal -re venue dis- 
trict. 



166 



NATIONAL FINANCES 



these, the National government taxes snuff, opium, oleo- 
margarine, filled cheese, mixed flour, and playing cards. 



The taxes 
of 1898. 



Collection 
of excise 
taxes. 



Corpora- 
tion tax. 



Upon the outbreak of the Spanish-American War (1898), 
additional taxation became necessary. The liquor and tobacco 
taxes were increased and new taxes were levied upon bankers 
and brokers, billiard rooms, and legacies, and upon proprietary 
articles and legal documents.* Under this law, the internal- 
revenue receipts increased from $170,000,000 in 1898 to $273,- 
000,000 in 1899. These taxes were repealed by Congress in 
1901-2. An inheritance tax levied in connection with those 
just mentioned was also repealed later. 

The collection of excise taxes is supervised by the Commis- 
sioner of Internal Revenue, who is the head of a bureau in the 
Treasury Department. There are more than sixty revenue 
districts in the United States, with a collector at the chief official 
in each. This officer is responsible for the proper enforcement 
of the laws in his district; special agents are employed by the 
bureau to examine into suspected cases of fraud. f The greater 
number of these taxes are paid by the purchase of stamps which 
must be affixed, in the proper denominations, to the articles 
taxed. When a license fee is required for carrying on an occu- 
pation, the purchase and display of a certificate secures the en- 
forcement of the law. Distilleries are under the supervision of 
government "store-keepers," who inspect and record each step 
in the manufacture of spirits. A gauger measures the contents 
of each package and affixes the stamps. 

The first internal-revenue law, that of 1791, taxing the pro- 
duction of distilled spirits, was a part of Hamilton's financial 
policy. In western Pennsylvania it caused violent opposition, 
known as the Whiskey Rebellion.! 

In 1909 Congress enacted a law levying a tax of one per cent, 
upon the net income above $5,000 of all corporations, joint stock 
companies, and associations. This is known as the corpora- 
tion tax law. The power of Congress to levy this tax was 
questioned, but the Supreme Court upheld its constitutionality. 

* The documentary taxes are similar to those imposed by Parliament 
in the Stamp Act of 1765. They were also levied by our government 
during the Civil War. See American History, 145, 388-389. 

t " Moonshiners " who run illicit stills are numerous in the remote 
mountainous districts of the Southern States. 

t American History, 220, 231. 



NATIONAL FINANCES 



167 



It is customary to classify taxes as direct and indirect. 
A duty, for instance, is considered an indirect tax, be- 
cause the importer who pays it adds the amount to the 
price of the commodity upon which it is levied. The 
same is true of most articles upon which excise taxes are 
paid. The consumer pays the tax, in reality, but he pays 
it indirectly to the government. 

Now, the rule prescribed in the Constitution for levy- 
ing the kinds of taxes so far discussed is a part of the 
clause quoted above (p. 162): "but all duties, imposts, 
and excises shall be uniform throughout the United States." 
The justice of this rule is evident. The rates must not 
vary at the different ports of entry or in the various collec- 
tion districts of the country. The Constitution does not 
use the term "indirect taxes," but it does speak of direct 
taxes, as follows: 

Representatives and direct taxes shall be apportioned 
among the several States . . . according to their respec- 
tive numbers. . . . 

No capitation, or other direct, tax shall be laid unless 
in proportion to the census or enumeration hereinbefore 
directed to be taken. 

Early in our history, the question arose, What is a 
direct tax? The Supreme Court decided this (1796) by 
naming only two kinds of taxes as direct, under the Con- 
stitution : i. e., poll or capitation taxes (those assessed upon 
individuals) and taxes on land. Only these two taxes, 
then, were to be apportioned among the States, when 
levied. All others were to be uniform. This decision 
was followed for one hundred years. 



Direct and 
indirect 



How each 
kind must 
be levied. 



Article 1, 
section 2, 
clause 3. 



Section 9, 
clause 4. 



Direct 

taxes. 



In 1798 Congress levied a direct tax of two million dollars and 
apportioned it among the States in proportion to their popula- 
tion. The objects taxed were houses, land, and slaves, and the 
collection was made by Federal officers. Similar laws were 
enacted in 1815 and 1861. 



168 NATIONAL FINANCES 

It is not likely that another direct tax will be levied and appor- 
tioned among the States according to population. This is because 
differences in population among the States do not correspond 
to differences in wealth (i. e., ability to pay the tax). The more 
populous States are also the more wealthy, but the per capita 
wealth is much greater there than in those States where popula- 
tion is less dense. Consequently, in the agricultural States of 
the South and West, the burden of taxation would be unjustly 
heavy. 

income The position of income-tax laws levied by Congress is 

peculiar. Under the decision of 1796, just referred to, they 
were not included among the direct taxes. Consequently, 
when Congress levied such taxes during the Civil War, 
the rates were made uniform throughout the United 
States.* 
Law of Following these precedents, Congress enacted, in 1894, 

declared an income-tax law providing that all incomes over $4,000 
tionai. should pay a tax of 2 per cent, on the excess above that 

amount. The following year, contrary to all former de- 
cisions in which the meaning of the words " direct tax" 
had been determined, that term was declared by the 
Supreme Court to include such income taxes as were 
levied by the law of 1894. Consequently, since Congress 
had not determined the total amount to be collected and 
apportioned it among the States according to their popu- 
lation, this law was declared unconstitutional. 

The Agitation for an income-tax law has grown stronger in recent 

amend-" taX y ears > ana " as a result an amendment to the Constitution was 

ment - adopted by Congress (1909) and submitted to the States for 

ratification. This is the first amendment that has been sub- 

* In each of the several laws enacting these taxes, provision was made 
for the exemption from taxation of a smail income, as $800 at first, and 
later, $600. For incomes above these figures, the rates were generally 
made progressive; for example, the law of 1862 taxed incomes above $600 
and less than $5,000 at the rate of 5 per cent., those from $5,000 to 
$10,000, 1\ per cent., and those above $10,000, 10 per cent. These 
taxes were repealed after 1872. See American History, 387. 



NATIONAL FINANCES 1G9 

mitted to the States since the adoption of the Fifteenth Amend- 
ment. It reads as follows: 

Article XVI. That Congress shall have power to lay and 
collect taxes on incomes, from whatever source derived, without 
apportionment among the several States, and without regard to 
any census or enumeration. 

We have now reviewed the various forms of taxation 
employed by the National government to secure revenue. 
In the enactment of laws that impose taxes, Congress is 
governed by the Constitutional provision that 

All bills for raising revenue shall originate in the House Article I, 
of Representatives; but the Senate may propose or concur clause 1 !." 
with amendments as on other bills. 

The framing of revenue bills is intrusted to the most Revenue 
important House committee, that on Ways and Means, congress. 
Their bills are frequently known by the name of the 
chairman of the committee. In the Senate the Finance 
Committee considers and recommends amendments to 
bills for raising revenue. These important measures, as 
finally passed, are in most cases the result of compromises 
between the Senate and the House, arranged by con- 
ference committees. 

We have seen that the collection of National taxes is 
accomplished by an army of Federal officials w T hose juris- 
diction extends into every corner of the country. We 
have seen that the objects of taxation are very numerous, 
so that every individual aids, directly or indirectly, in the 
support of the National government. The ease with which 
our immense revenue is raised seems marvellous to citizens 
of the Old World countries, where conditions of life are 
harder. Indeed, so great have been the ability and the 
willingness of the people to bear these burdens that the 
National government has more than once been embar- 
rassed by an excess of revenue. Under these conditions 
it is not surprising that laxity in making expenditures has 



170 



NATIONAL FINANCES 



National 
expendi- 
tures. 



been common and that great extravagance and wasteful- 
ness have frequently resulted. 

In Congress, appropriation bills, that is, bills provid- 
ing for the expenditure of public money, may originate 
in either house; but the important general appropriation 
bills originate in the House of Representatives. These 
bills are really framed by the committees to which they 
are referred, and are based upon estimates furnished by 
the various executive departments. For this reason there 
is some adjustment possible between the financial needs of 
the government and the amount of taxes levied. But still, 
the independence of the legislative (or tax creating) and 
executive (or tax spending) departments of our govern- 
ment makes the fitting of revenue to expenditures a diffi- 
cult matter, and in practice many errors are committed. 



Unbusi- 
ness-like 
methods of 
appropriat- 
ing money. 



One of the greatest evils in connection with Congressional 
legislation is found in the immense number of bills providing 
appropriations for private and local purposes. Thousands of 
private pension bills passed annually, almost without considera- 
tion, represent claims which the Pension Bureau has rejected 
for good reasons. Appropriations amounting to many millions 
are made annually for the erection of public buildings and for 
river and harbor improvements that are entirely unnecessary 
and that benefit only the local community where the work takes 
place. This ill-spent public money is called "pork," and every 
Congressman is under constant pressure to obtain as much as 
possible for his district. Many persons judge of a Congress- 
man's efficiency by his ability to obtain large appropriations, 
regardless of their necessity. This condition reveals a funda- 
mentally wrong attitude toward the government. Congress 
should refuse to pass such items in appropriation bills, except 
upon the approval of boards composed of disinterested experts. 



The 
public debt 



When the ordinary revenues of a government are not 
sufficient to pay its expenses, recourse must be had to 
additional taxation, or to borrowing, or to both of these 
measures at once. The borrowing of money is not es- 



NATIONAL FINANCES 171 

sentially different from the levying of taxes, since it but 
postpones the time when, by taxation, the obligation must 
be met. This procedure is justifiable because the bur- 
den of National expense for certain purposes (as for de- 
fence) may well rest upon more than one generation of 
citizens. Accordingly, among its other financial powers, 
Congress possesses authority 

To borrow money on the credit of the United States. Section 8.. 

Money is borrowed, ordinarily, by the sale of bonds. 
These are the same nature as the promissory notes by 
which individuals obtain loans. National bonds state the National 

• f, i TT . i /->( • bonds. 

promise o't the united States to pay a certain amount, 
at a stated time, with interest. A "registered" bond con- 
tains the name of the owner, and this is a matter of record 
at the Treasury Department. When this bond is trans- 
ferred, the record must be changed. "Coupon" bonds 
are usually payable to bearer; they have attached to them 
a number of coupons equal to the number of interest pay- 
ments due during the term of the bond. 

United States bonds have been issued in various denomina- Kinds of 
tions, ranging from twenty dollars to fifty thousand dollars on ' 
each. The term of a bond is not always a fixed number of 
years. Some of the Civil War bonds were payable at the option 
of the government after five but within twenty years from the 
date of issue. These were called "five-twenty's" (5/20's). The 
bonds issued in 1898, to obtain money for the Spanish War ex- 
penses, were "ten-twenty's." 

After being issued, National bonds are either held by individ- 
uals and corporations as investments, or they become the ob- 
jects of trade and speculation, being bought and sold by bankers 
and brokers on the stock market. Their values fluctuate some- 
what and are subject to daily quotation. If a bond sells for 
its face value it is at "par." Bonds quoted at 117 are at a 
"premium"; that is, they bring $117 for every $100 of their 
face value. Those quoted at 98 are at a "discount." When Redemp- 
bonds fall due, the government "redeems" them at their face tlon * 
value. Or, they may be continued at a lower rate of interest. 



172 NATIONAL FINANCES 

A large amount of five per cent, bonds that were due in 1881 
were continued, by agreement, at three and one-half per cent., 
and some that fell due in 1891 were continued at two per cent. 
Provision is made by law for the purchase of bonds by the gov- 
ernment before they are due. For this purpose, the Secretary 
of the Treasury is authorized to use a portion of the National 
Refunding revenues; this is called a "sinking fund." There is still another 
lons * way in which the burden of our National debt has been decreased. 
Soon after the time when the 5/20 Civil War bonds became pay- 
able at the option of the government, the holders were given the 
privilege of choosing whether their bonds should be redeemed, or 
be exchanged for new ones, of the same amounts, at lower rates 
of interest. The latter alternative was accepted for many hun- 
dreds of millions of our bonds; so the burden of interest was 
reduced from six per cent, to five, four and one-half, and later to 
four per cent. This operation was called refunding the debt.* 



Supplementary Questions and References 

1. For the history of various tariff laws and their provisions, 
see American History as follows: Law of 1789, 215-216; 1816, 
271-272; 1824, 289; 1828, 293; 1832, 307; 1833, 308; 1846, 
328; 1857,357; 1861,387,389; 1864,400-401; 1872,440-441; 
1883, 467-468; 1890, 470; 1894, 493; 1897, 494. 

2. The rates of the tariff law now in force are stated in news- 
paper almanacs. Is this tariff high, low, or moderate in its 
rates ? 

3. In the Statistical Abstract will be found the list of items 
upon which duties and internal-revenue taxes were collected, 
with the amount yielded by each, for a series of years. 

4. How are internal-revenue stamps cancelled ? 

5. a. What is a deficiency bill? Harrison, This Country of 

Ours, 58. 
b. What are riders to appropriation bills? Harrison, 131- 
132. 

6. Statistics answering the following questions may be found 
in the Annual Reports of the Secretary of the Treasury (Finance 

* For accounts of the issuance and refunding of Civil War bonds, see 
American History, 385. 387, 388, 442-443. 



NATIONAL FINANCES 173 

Reports); Statistical Abstracts; Abridgments of the President's 
Message and Documents; Monthly Summaries of Commerce 
and Finance issued by the Bureau of Statistics, Treasury De- 
partment; newspaper almanacs and year-books. 

(a) What were the revenues of the last fiscal year? The ex- 
penditures? The chief items under each head? Do you think 
that any of the expenditures were extravagant? 

(6) Make a table representing revenues and expenditures for 
a series of years. How do you account for fluctuations ? 

(c) Estimate the per capita revenues and expenses for different 
years. 

(d) What is the present bonded debt of the United States? 
(See also the Public Debt Statement issued monthly by the Treas- 
ury Department.) Make a chart showing the fluctuations of 
the public debt since the foundation of the government. 

7. Find in daily papers quotations of the current prices of 
National bonds. How do you account for differences in their 
prices ? How do the prices of these bonds indicate the Nation's 
credit? The actual rates of interest that bonds yield may be 
calculated by the use of "bond- value tables." A set of these 
tables, accompanied by an explanation, is found in Clow, In- 
troduction to the Study of Commerce, Appendix IV. 

8. For facts concerning the National "pork barrel," see 
World's Work, 20 : 13259-13276. For ex-President Roosevelt's 
opinion, see Outlook, 95 : 759-763. 

9. The revenue cutter service. World's W r ork, 16 : 10591- 
10597. 

10. The tariff act of 1909. Outlook, 92 : 872-876; Rev. of 
R's, 40 : 341-347. 

11. WTiat is a "tariff joker"? Outlook, 92 : 625-626. 

12. The corporation tax law. Rev. of R's, 40 : 348-349; 
Forum, 43 : 256-262; Outlook, 92 : 587-588. 

13. Should incomes be taxed? Forum, 41 : 513-520; Out- 
look, 85 : 503-508; 94 : 215-219. 

14. Hide-and-seek with the customs. Cen. Mag., 45 : 466- 
473; Outlook, 88 : 823-829. 

15. The government as a spender. Rev. of R's, 38 : 67-71. 



CHAPTER XVIII 
THE POWER OF CONGRESS OVER COMMERCE 



Article I, 
section 8, 
clause 3. 



Section 9, 
clause 5. 



Section 
clause 6 



Foreign 
commerce. 



In the conventions that assembled at Alexandria in 
1785 and at Annapolis in 1786, commerce was the most 
important subject discussed. Indeed, it was the neces- 
sity for a better method of regulating commerce that 
brought about these meetings. This problem was one 
of the difficult questions before the Constitutional Con- 
vention, and its solution was reached only by compro- 
mise.* The clause embodied in the Constitution was a 
victory for the advocates of an efficient National govern- 
ment, for Congress was given power 

To regulate commerce with foreign nations, and among 
the several States, and with the Indian tribes. 

In the exercise of this power, Congress was made subject 
to two limitations. 

No tax or duty shall be laid on articles exported from 
any State. 

No preference shall be given by any regulation of com- 
merce or revenue to the ports of one State over those of 
another; nor shall vessels bound to, or from, one State be 
obliged to enter, clear, or pay duties in another. 

Acts of Congress regulating foreign commercef may be 
grouped under several heads. (1) Congress has enacted , 
measures for the protection of shipping, by the main- 
tenance of light-houses, buoys, and life-saving stations. 



* See American History, 197, 202. 

t The exercise of this power was carried to its extreme limit in the 
embargo act of 1807 and the non-intercourse act of 1809. See Ameri- 
can History, 253, 255. 

174 



POWER OF CONGRESS OVER COMMERCE 175 

(2) The navigation laws of the United States are also en- Navigation 
acted under this provision of the Constitution. Regula- 
tions are prescribed under which vessels engaged in foreign 
commerce "enter" and "clear" ports.* Vessels that are 
"registered" in the United States are entitled to the pro- 
tection of this government in any part of the world. No 

vessels are registered except those owned by citizens of the 
United States, and no foreign-built vessel can be regis- 
tered, f The vessels of foreign countries may not engage 
in the coasting trade of this country. Tonnage duties 
are levied upon both foreign and American vessels. 

Since the Civil War there has been a great decline in the num- ship 
ber of American built ships engaged in foreign commerce. (For subsldies - 
statistics and reasons, see American History, 354, 442.) These 
now carry only about 15 per cent, of our imports and exports. 
A demand has arisen for the repeal of some of the navigation 
acts mentioned above. The granting of ship subsidies is also 
proposed, and bills for this purpose have often been before 
Congress. A ship subsidy law would provide for the payment 
of money from the treasury to persons who maintained lines of 
American built ships in foreign commerce. 

(3) By virtue of its power over foreign commerce, Con- immigra- 
gress regulates immigration into the United States. Be- tlon aws 
sides Chinese laborers, the following classes are excluded 

from the country: convicts, anarchists, insane persons, 
paupers and those liable to become paupers, polygamists, 
persons having contagious diseases, and laborers under 
contract or agreement to perform labor or service in the 
United States; there are excepted from the last class, 
persons engaged in the professions and skilled laborers 

♦See these terms in the dictionary; also "entry" and "clearance." 
Notice that clause 6, quoted above, forbids the requirement of these 
processes in interstate commerce. 

t Congress made an exception to this rule when in 1892 it entered to 
our registry two foreign-built vessels, on consideration that the company 
owning them build two vessels of the same class in this country. 



176 POWER OF CONGRESS OVER COMMERCE 



What is 

interstate 

commerce? 



Commerce 
by water. 



Various 
interstate 
commerce 
acts. 



employed in the establishment of new industries. An 
arrangement has been entered into between our govern- 
ment and that of Japan by which Japanese and Korean 
laborers are also refused admission to this country. 

The second division of the power granted to Congress 
over commerce relates to that which is interstate. It must 
be remembered that the States still retain authority over 
the vast volume of business transacted entirely within their 
limits, which they regulate absolutely by their laws of 
trade and transportation. It is not easy to say, in every 
case, just where the limits of State and National authority 
lie. The United States Courts have decided that the 
State's power is complete over commerce that begins and 
ends within the State and does not materially affect the 
commerce that is interstate or foreign. If, however, a 
commodity that is an object of commerce starts in one 
State, destined for another, its control, throughout its 
course, lies within the power of Congress. 

Interstate commerce includes that which is carried on 
by water, as well as land traffic. So the coast trade be- 
tween the States lies within the jurisdiction of Congress; 
also commerce upon navigable rivers. " Wherever a river 
forms a highway upon which commerce is conducted with 
foreign nations or between States, it must fall within the 
control of Congress. ,, By its "river and harbor bills," 
Congress appropriates large amounts annually for the 
improvement of navigable rivers. (See p. 170.) 

The different "interstate commerce acts," beginning 
with that of 1887,* constitute a system of control estab- 
lished by the Federal government over persons and cor- 
porations engaged in interstate or foreign commerce, this 
includes the carrying of persons and property by either 



* For the history of the evils in connection with transportation and 
the efforts of States to correct them, see American History, 455, 456; 
the law of 1887, ibid., 466-467; the law of 1906, ibid., 519. 



POWER OF CONGRESS OVER COMMERCE 177 

rail or water. Pipe lines, telephone, telegraph, express, 
and sleeping-car companies are also brought under the 
same provisions. The administration of these laws is 
vested in an Interstate Commerce Commission consist- 
ing of seven members. 

The important provisions of these laws may be sum- Their pro- 
visions. 
marized as follows: (1) All charges must be "just and 

reasonable." The commission has power to fix maximum 
rates after investigation of a complaint by either party to a 
dispute over rates. (2) Pooling agreements are prohibited. 
(3) It is unlawful to make discriminations by giving to 
any particular person, corporation, or locality, an unreason- 
able advantage over others. This includes the granting 
of passes to others than railroad employees. The grant- 
ing of rebates, which are intended to conceal discrimina- 
tions, is forbidden. (4) The "long and short haul" clause 
makes it unlawful for a common carrier to charge more for 
the transportation of passengers, or the same kind of freight, 
over a shorter than a longer distance; provided, however, 
that the transportation is "under substantially similar cir- 
cumstances and conditions," over the same line, and in 
the same direction. (5) All rates must be published and 
posted where they can be consulted by any person. (6) 
Railroad companies cannot engage in other lines of busi- 
ness. (7) Companies engaged in interstate commerce must 
have a uniform system of accounting. (8) They must make 
reports to the Interstate Commerce Commission regularly. 
The Commission also receives complaints, hears testi- 
mony, and makes orders correcting abuses; or it may in- 
vestigate conditions without previous complaint. It may 
suspend proposed increases of rates until their justice 
has been determined. Any person objecting to an order 
of the Commission may appeal to a new court known as 
the "Commerce Court," composed of five Circuit Court 
Justices. 



178 POWER OF CONGRESS OVER COMMERCE 

Other laws affecting railways oblige them to adopt uniform 
systems of safety equipment; also, require full reports to the 
Interstate Commerce Commission of all accidents. 



Other 

commerce 

Jaws. 



The trust 
question. 



Under its commerce power, Congress has enacted the 
food and drugs act, or "pure food law." This requires 
the makers of prepared foods and drugs shipped in inter- 
state commerce to register their products, and prohibits 
the use of harmful preservatives and other components 
in them. The inspection of meats in packing plants by 
Federal officers is another means by which commerce is con- 
trolled. It has been proposed that the government should 
restrict child labor by prohibiting the shipment in inter- 
state and foreign commerce of articles in the manufacture 
of which children below certain ages are employed. 

The construction of the Panama Canal by the United 
States may be regarded as one of the most important 
ways in which Congress has undertaken to control com- 
merce. This is similar to the policy of making river and 
harbor improvements, for which many millions of dollars 
are appropriated annually. The question of internal 
improvements by national authority was debated early in 
our history; one result was the construction of the Nation- 
al, or Cumberland, Road.* The same problem is now 
being considered in connection with projects for a system 
of "deep waterways," especially in the Mississippi Valley. 

The concentration of industry within the last half cen- 
tury f has been accompanied by the growth of combina- 
tions known as trusts. The original object of such com- 
binations was to secure economy in production, and to 
this extent they are beneficial; but when their control of 
an industry approaches monopoly, then the public may 
suffer from exorbitant rates and prices. So both the 
State and the National governments have attempted to 

* See American History, 274, 277, 292. 

t American History, 452-453, 472-473, 517-518. 



decisions. 



POWER OF CONGRESS OVER COMMERCE 179 

keep alive competition in the industries where combina- 
tions exist. The anti-trust laws have been only partially 
successful. 

Congress has authority over trusts only as they are The 
engaged in interstate or foreign commerce. Hence the Anti-trust 
Anti-trust Law of 1890 makes illegal any combination in 
restraint of trade or commerce among the several States 
or with foreign nations. The enforcement of this law 
has given rise to many interesting cases. 

In connection with the Chicago strike of 1894,* the Supreme Important 
Court held that the Anti-trust Law forbade not only combina- 
tions of capital, but combinations of labor as well, if they were 
in restraint of interstate commerce. It has been decided that a 
trust engaged in the business of refining sugar did not fall within 
the scope of this law, since the manufacturing process in question 
did not constitute commerce. Again, an agreement among the 
railroad companies of the Trans-Missouri Freight Association to 
establish and maintain rates was considered a violation of the law 
of 1890, because this was a contract in restraint of interstate 
commerce (1897). Another decision, made in 1899, declared 
illegal a combination of iron pipe manufacturers who had made 
an agreement not to compete with each other; but their action 
was illegal only as to the sale of pipe in interstate business. 

Another decision (1904) declared that it was illegal for two 
competing railroads (the Northern Pacific and Great Northern) 
to form a new corporation (the Northern Securities Company) 
for holding the shares of these companies, since the directors of 
the latter could so manage the business as to exclude competi- 
tion. In 1911 the Standard Oil Company was declared by the 
Supreme Court to be an illegal combination, and its dissolution 
was ordered. The Bureau of Corporations in the Department 
of Commerce (see p. 256) has the special function of investigat- 
ing the records of corporations engaged in interstate business, 
with a view to checking violations of the interstate commeree 
and anti-trust laws. 

* See American History, 492-493. 



180 POWER OF CONGRESS OVER COMMERCE 



Supplementary Questions and References 

1. Should there be further restriction of immigration ? Forum, 
24 : 552-558; N. Am. Rev., 188 : 360-371; Outlook, 84 : 607- 
615; 83 : 33-36; Indept., 60 : 261-264; Rev. of R's, 33 : 336- 
339. 

2. The immigration law of 1907. Rev. of R's, 35 : 469-47] ; 
N. Am. Rev., 185 : 587-593. 

3. Descriptions of immigrants at Ellis Island. Outlook, 87 : 
899-911; 913-923; Cen. Mag., 43 : 674-682; 45.466-473. 

4. Arguments for and against Chinese exclusion. Forum, 
33 : 53-58; 59-67; Japanese exclusion, N. Am. Rev., 184 : 
29-34. 

5. Should ship subsidies be granted? Outlook, 84 : 815-817; 
85 : 307-311; 88 : 815-816; 94 : 108-109; 124-130; Arena, 
33 : 634-636; Indept., 53 : 10-15; 130-132; 185-188. 

6. The question of railway regulation. Indept., 60 : 835- 
838; 62 : 599-603; 699-704; Arena, 34 : 146-150; 35 : 132- 
139; 36 : 622-626; Outlook, 86 : 482-485. 

7. The National control of trusts. Indept., 53 : 929-930; 
1001-1004; 54 : 2927-2930; 58 : 303-306; 57 : 618-620; Out- 
look, 88 : 816-817; 93 : 761-763; Rev. of R's, 34 : 345-346. 

8. The protection of life on railways. Rev. of R's, 35 : 456- 
468. 

9. Improvement of waterways. Rev. of R's, 41 : 87-88; 
World's Work, 13 : 8576-8584; 15 : 10121-10127; Outlook, 
94 : 17-20. 

10. The National pure food law. N. Am. Rev., 184 : 848-852; 
Outlook, 88 : 260-264. 

11. Should Congress control child labor? Outlook, 85 : 
360-364. 

12. Panama Canal and the government of the canal zone. 
World's Work, 16 : 10656-10657; Outlook, 91 : 906-909; 
83 : 434-445. 



CHAPTER XIX 
MONEY OF THE UNITED STATES 
I. Metal Money or Coin 

Whenever men trade or exchange commodities they 
find some form of money very convenient, if not really 
necessary. A variety of things have served as money 
among peoples in different stages of civilization. Gold 
and silver have become the chief money metals of civilized 
countries on account of their high value, and certain other 
characteristics. The function of coining money has been 
assumed by governments because in this way only can 
uniformity in the size and composition of coins be secured. 
The government stamp becomes a guarantee of the value 
of a coin when otherwise each might have to be weighed 
and tested before it could be accepted. Congress has been 
vested with the power: 

To coin money, regulate the value thereof, and of foreign Article I, 
coin, and fix the standard of weights and measures. clause 5.' 

To provide for the punishment of counterfeiting the se- Clause 6. 
curities and current coin of the United States. 

The government coins money at its mints, which are The mints. 
located at Philadelphia (established in 1792), Denver, 
New Orleans, and San Francisco. Gold or silver ore 
must first be refined before it is sent to the mint as bull- 
ion. Here it is assayed to determine its purity. The 
pure metal is too soft for use as money, so an alloy of 
copper is added in the making of gold coins and silver 
dollars. In the " standard" metals thus produced the 

181 



182 MONEY OF THE UNITED STATES 



Process of 
coining. 



alloy is one-tenth of the whole; that is, the metal is nine- 
tenths (or .900) "fine." 

In the process of minting, the standard metal is first 
rolled into strips of the thickness of the coin. From 
these strips round pieces are cut by heavy machinery. 
The weight of each piece is tested and when found ac- 
curate it goes to another machine, from which it comes 
with the edge slightly raised on both sides. This device 
decreases the wear on the faces of the coin. In the next 
operation, the disk of gold or silver is subjected to im- 
mense pressure between two engraved dies; in this way 
the proper inscriptions are stamped upon its faces. At 
the same time the edge of the coin is milled. 

Below is a list of the coins now made at the mints of 
the United States. 



Coins of the 

United 

States. 



Gold. 
Double eagle 
Eagle 
Half eagle 
Quarter eagle 



Silver. 
One dollar 
Half dollar 
Quarter dollar 
Dime 



Minor coins, the nickel and one cent piece. 



The ratio. 



Free 
coinage. 



The "standard" coins of each kind are of course the 
gold dollar and the silver dollar. The weight of the pure 
metal in the gold dollar is fixed by law at 23.22 grains 
(Troy weight). In a silver dollar, the pure metal weighs 
371.25 grains, or 15.988+ times as much as in the 
gold dollar. Hence we say that the ratio of our stand- 
ard coins is 15.988+ to 1, or approximately 16 : 1. This 
is called the mint ratio. Since our coins are .9 fine, the 
total weights are 25.8 grains for the gold dollar and 412.5 
for the silver dollar. 

A government may pursue one of two distinct policies 
toward the coinage of a certain metal. (1) It may agree 



MONEY OF THE UNITED STATES 183 

to coin all the bullion of that metal that may be brought 
to the mints by individuals; this is free * coinage. (2) 
The government may limit the amount of bullion that 
will be coined ; this may be called limited coinage. Under 
free coinage of any metal the government makes no effort 
to control the amount of bullion which will be coined; it 
coins "on private account" all the bullion brought to its 
mint. Under limited coinage a certain amount of the 
bullion is coined "on government account." 

Since the first coinage act of our government (1792) Bimetal- 
there has been free coinage of gold. There was also free 
coinage of silver until 1873. Because during this time 
there was free coinage of both metals, and both gold and 
silver dollars were full legal tender, we had nominally, at 
least, bimetallism or a double standard. The law of 1873, 
by stopping the coinage of silver dollars, brought about the 
single gold standard. After 1878 there was limited silver 
coinage until the purchase of silver bullion was discon- 
tinued in 1893. 

The demand for the free coinage of silver that arose 
after 1873 f and lasted until about 1900, resulted in two 
important laws — the Bland-Allison act (1878) and the 
Sherman act (1890). Both authorized the coinage of 
silver dollars, but limited the amount to be coined. In 
1893, on account of the panic of that year, Congress 
stopped the purchase of silver bullion by the Treasury 
Department for the coinage of silver dollars; and none has 
since then been purchased, except for the coinage of sub- 



* The word free means unlimited. The definition of free coinage given 
above states its meaning as the phrase is commonly used. The follow- 
ing is a more accurate definition: Free coinage centemplates the coining 
or all the bullion brought to the mints, either gratuitously or with a de- 
duction not to exceed the actual expenses of coinage. 

t The causes at work in this connection, the various laws passed, and 
the political campaigns in which the silver question was prominent are 
discussed in American History, 457-459, 479, and 485. 



184 MONEY OF THE UNITED STATES 



Subsidiary 
silver. 



Minor 
coins. 



sidiary coins and Philippine money. A law of 1900 defi- 
nitely established the single gold standard. 

The silver coins of denominations less than one dollar are 
called subsidiary coins. The silver half-dollar weighs only 192 
grains and is therefore lighter proportionately than the silver 
dollar. The quarter and ten cent pieces are correspondingly re- 
duced in weight. They are legal tender only in sums of ten dollars 
or less. The five cent piece (nickel) weighs 77.16 grains and is 
composed of 75 per cent, copper and 25 per cent, nickel. The 
one cent piece weighs 48 grains and is composed of 95 per cent, 
copper and 5 per cent, tin and zinc. These minor coins are legal 
tender in amounts of twenty-five cents or less. 



II. Paper Money 



United 

States 
notes. 



There are at present five kinds of paper money in cir- 
culation. They are United States notes, silver certifi- 
cates, gold certificates, Treasury notes of 1890, and Na- 
tional bank notes. The United States notes were created 
in the early years of the Civil War as a means of paying 
the enormous expenses of the government.* Taxation is 
the ordinary method of providing funds for government 
expenses; but it is difficult to create a new system of tax- 
ation and some time is required to put it into operation. 
In the year 1862 the expenses of the government greatly 
exceeded its revenue. Great sums of money were being 
borrowed by the sale of bonds, but the bonds had depre- 
ciated in value. It was therefore determined that the gov- 
ernment should print certain designs on pieces of paper, 
call these money, and compel people to accept them in 
payment of debts by declaring them legal tender; that is, 
all persons must accept them in payment of debts. These 
were the United States notes, sometimes called " legal ten- 
ders." A total of $450,000,000 was authorized by Con- 

* The history of these notes is stated fully in American History, 
388, 443-444, 457. 



MONEY OF THE UNITED STATES 185 



gress. With this money the government paid the salaries 
of its officers and soldiers and purchased supplies that 
were necessary for carrying on the Civil War. 

When a government refuses to pay its obligations in coin and 
pays instead only paper money containing promises to pay coin 
or specie, at some future time, it "suspends specie payments." 
If the paper money is issued in excessive amounts, it will depre- 
ciate in value, that is, a certain amount of it will be worth less 
than the same amount of coin. This is what happened when 
the United States notes were issued. The history of their 
depreciation until at one time they were worth only forty cents 
on a dollar is told by the accompanying chart: 

VALUE IN GOLD OF ONE DOLLAR IN U. S. NOTES 



1862 1865 1870 1875 1879 


$1-00 
75*. 

50i 

25* 


\ 


A 


































\ 


A 


v 


r 


































Vv 





































































Deprecia* 

tion. 



After much discussion Congress finally decided, by an Resump- 
act passed in January, 1875, that it would resume specie specie 
payments on the first day of 1879 by redeeming in gold payments - 
all of the United States notes that might be presented 
for redemption. When this time arrived the amount had 
been reduced to $346,681,016, and Congress had forbid- 
den any further reduction. This is the amount at present 
outstanding. The resumption of specie payments neces- 
sitated the presence of gold in the Treasury with which to 
redeem the notes. Accordingly, the law of 1875 author- 
ized the Secretary of the Treasury to obtain gold by selling 
bonds. Just before January 1, 1879, the notes once more 
passed at face value, and but few were presented for re- 
demption. The amount outstanding was not decreased, 
*or instead of cancelling those that were redeemed the 



186 MONEY OF THE UNITED STATES 



Constitu- 
tionality of 
legal 
tenders. 



Silver 
certificates. 



Gold 
certificates. 



Secretary was obliged by law to re-issue them in making 
payments from the Treasury. This caused trouble in 
later years. 

There can be little doubt that the framers of the Con- 
stitution never intended that Congress should have the 
right to declare anything but gold and silver legal tender. 
The Constitutionality of the laws that authorized the 
"legal tenders ,, was therefore one of the most important 
questions ever submitted to the Supreme Court. The final 
decision * was in favor of the right of Congress to exer- 
cise this power. The Constitutional basis of this right is 
implied by some from the power to levy and carry on war; 
by others from the power to borrow money; by still others 
from the power to coin money. The court rested its de- 
cision finally upon the ground that this power is "one of 
the powers, belonging to sovereignty in other civilized 
nations," and that as it is not expressly withheld by the 
Constitution, it is by necessary implication vested in 
Congress in connection with the powers over the currency 
expressly granted, f 

Let us now notice two kinds of our paper money that 
are quite similar. When Congress, by the Bland act of 
1878, authorized the coinage of silver dollars, it provided 
also for the silver certificates. Silver dollars are bulky 
and inconvenient to handle. Any holder of them may 
deposit them in the United States Treasury and receive 
in exchange silver certificates. The silver dollars remain 
in the Treasury. 

Gold certificates are issued upon the same plan. These 
two kinds of paper money are therefore merely certificates 
of deposit. To redeem them the division of redemption 
of the Treasury Department holds specie in amounts 
exactly corresponding to the certificates outstanding. 



* Rendered in 1884. Julliard vs. Greenman. 110 U. S., 421. 
t Cooley, Principles of Constitutional Law, 83. 



MONEY OF THE UNITED STATES 187 

The Treasury notes of 1890 were issued in accordance Treasury 
with the Sherman act. (See p. 183.) They were given in 1890. 
payment for silver bullion; this was not coined at the 
time, but remained in the Treasury. Few of these notes 
are now outstanding. 

Four kinds of paper money have been described; there National 
remains the fifth kind, National bank notes. National system. 
banks are under the control of a bureau in the Treasury 
Department, having for its head the Comptroller of the 
Currency. A National bank is organized in much the 
same way as other corporations, by any number of per- 
sons, not less than five. 

Upon the basis of its capital stock the bank performs 
the ordinary banking functions; that is, it makes loans, 
discounts notes, buys and sells exchange. In addition 
to these functions National banks have another not at 
present exercised by other banks — they issue National 
bank notes for circulation as money of the United States. 
The entire business of these banks is conducted under 
regulations of the National law, and they are subject to in- 
spection by National officers. 

When a National bank is organized it must invest a Deposit of 
sum of money equal to at least one-fourth of its capital 
in United States bonds. These may be purchased at any 
time from a broker. The bank must deposit them in the 
Treasury of the United States; but they are still the prop- 
erty of the bank and it receives the interest from them. 
The bank will then receive from the Comptroller of the 
Currency, National bank notes equal in amount to the par 
value of the bonds deposited. The president and the 
cashier of the bank sign each note, and they may then be 
loaned or paid out for any purpose in the ordinary course 
of business. 

A note of this kind reads: "The National Bank of 

will pay the bearer Dollars on demand." How 



188 MONEY OF THE UNITED STATES 



Why the 
notes are 
secure. 



Emergency 
currency. 



A central 
bank. 



Standard 
of weights 
and 
measures. 



can we be certain that this promise will be kept? The 
bonds deposited at Washington constitute the security for 
these notes. A National bank may fail; that is, its de- 
positors may never receive back their money; but the 
holders of National bank notes will lose nothing so long 
as United States bonds are good security. For if the 
bank cannot redeem its notes in lawful money according 
to its promise, the Comptroller of the .Currency will sell 
the bank's bonds and thus obtain money with which to 
redeem them. This is the reason why we never hesitate 
to receive one of these notes even though the responsible 
officials of the bank may be entirely unknown to us. 

Our monetary system is rightly criticised * as inelastic; 
that is, the amount of money in circulation does not in- 
crease and decrease readily in response to the demand for 
money in business at different times. As a remedy for this 
defect, national banks may organize in groups and these 
associated banks may then issue additional notes under 
the supervision of the Comptroller of the Currency. The 
security for this "emergency currency," which is limited in 
amount, may be approved bonds and commercial paper. 

It has been proposed to establish a great "central bank" 
which would have as one of its functions the issuance of 
government paper money, regulating the supply in ac- 
cordance with the demands of business. Twice in our 
history have such banks been in existence; from 1791 to 
1811 and from 1816 to 1836; they are found in European 
countries to-day. 

The clause by virtue of which Congress possesses power 
"to coin money" also gives it authority "to fix the stand- 
ard of weights and measures." It was only during the 
last session of the 56th Congress, in 1901, that a law was 
enacted giving full effect to this grant of power. The 
only standard previously adopted by law was the English 
Troy pound; all other measurements of weight, distance, 



MONEY OF THE UNITED STATES 189 

and capacity were based upon standards fixed by Euro- 
pean governments. Standard thermometers and measures 
based on the metric system came from France, while 
standards of electrical measurement were German. Mill- 
ions of dollars were spent annually by manufacturers, 
scientists, and others in obtaining standardized instru- 
ments from abroad. A law of 1901 established a Na- 
tional Standardizing Bureau in the Treasury Depart- 
ment, and appropriated money for a laboratory at which 
the standards used in all the applied sciences will be 
kept* A director, a physicist, a chemist, and their as- 
sistants will exercise the functions of the Bureau for the 
National, State, and municipal governments, for educa- 
tional institutions, and for individuals engaged in pursuits 
requiring the use of standardized instruments. 

Supplementary Questions and References 

1. The national banking system is discussed in American 
History, 399-400; the Bank of the United States, 220-221, 272, 
309-311. 

2. What things have been used as money besides metals? 
What qualities of gold and silver have made them the common 
money metals? Ely, Outlines of Economics, 142-143; Laugh- 
lin, Elements of Political Economy, 69-72; Walker, Political 
Economy, 102-104; Encyclopedia articles on money and coinage. 

3. Weigh a five dollar gold piece on a druggist's scales; weigh 
five silver dollars. What is the ratio of these weights ? 

4. Put a silver dollar in one side of a balance, and one dollar 
in subsidiary silver coins in the other. What is the result? 
Why? See an account of the monetary laws of 1853. (Refer- 
ences in question 7.) 

5. Balance an old coin against a new one of the same de- 
nomination. Is the former worth less than the latter? Coins 
become abraded and yet pass at face value except in international 

* This bureau, in 1903, was transferred to the Department of Commerce 
and Labor. 



190 MONEY OF THE UNITED STATES 

trade. Coins shipped abroad are weighed to ascertain their 
true value. 

6. On November 1, 1910, the total amount of money in cir- 
culation in the United States was $3,180,084,499. The popu- 
lation was estimated at 90,844,000. Calculate the per capita 
circulation. How do these amounts compare with the per 
capita in other countries? See newspaper almanacs. 

7. The following books contain accounts of our monetary 
history: Knox, United States Notes; White, Money and Bank- 
ing; Noyes, Thirty Years of American Finance; Taussig, The 
Silver Situation in the United States; Andrews, An Honest Dol- 
lar; Bullock, Introduction to the Study of Economics; Laughlin, 
Political Economy; Report of the Secretary of the Treasury, in 
Abridgment of President's Message and Documents, 1895-90, 
187-246. (A valuable account, containing several official re- 
ports.) 

8. Statistics of coinage, value of silver, production of pre- 
cious metals, etc., may be found in the Statistical Abstract; Fi- 
nance Reports; Treasury Department Circulars, No. 123 and 
No. 143; Reports of the Secretary of the Treasury in Abridg- 
ment of the President's Message and Documents. 

9. What a central bank would do. World's Work, 19 : 
12394-12397. 



CHAPTER XX 

OTHER GENERAL POWERS OF CONGRESS 
I. Power of Naturalization 

Naturalization is the process by which a foreigner who arc 
becomes a citizen. The first section of the XlVth Amend- 
ment declares the following classes to be citizens: "All 
persons born or naturalized in the United States and sub- 
ject to the jurisdiction thereof, are citizens of the United 
States and of the States wherein they reside." This section 
was inserted in order to make certain the citizenship of the 
freedmen, so that their rights would be under protection of 
the National government.* The section has been inter- 
preted to apply to "white persons and persons of African 
descent. " An Act of Congress in 1882 expressly prohibits 
the naturalization of Chinamen. Naturalization has also 
been denied to natives of Japan and of Burmah. But 
the Supreme Court has decided that a child born in the 
United States of Chinese parents is a citizen. f 

Previous to the adoption of the Constitution, the in- 
dividual States had the right to determine their own rules 
of naturalization. Much confusion thus arose because 
of the different requirements in the various States, and 
with little discussion the Constitutional Convention de- 
clared that: 

Congress shall have the power to establish a uniform rule Section 8, 
cf naturalization and uniform laws on the subject of bank- 
ruptcies throughout the United States. 

* See American History, 421; 423. 
t United States vs. Wong Kim Ark, 169 U. S., 649. 
191 



192 GENERAL POWERS OF CONGRESS 



How an 
alien 

becomes a 
citizen. 



of 

intention 



Certificate 
of natural- 
ization. 



The number of years of residence in the United States 
required before an alien might be admitted to citizenship 
varied until 1802 when the present rule of five years was 
adopted. An alien who has reached the age of eighteen 
years must, at least two years before admission to citi- 
zenship, appear before one of several State or United States 
Declaration courts designated in the law. He must declare upon oath 
that it is his bona fide intention to become a citizen of the 
United States and to renounce forever all allegiance to 
any government formerly having jurisdiction over him. 
If he has borne any title of nobility he must renounce it. 
This declaration is then recorded and the clerk furnishes 
the applicant with a certified copy which is sometimes 
called his "first papers." 

Not less than two years nor more than seven years 
after this declaration, provided he has resided continuously 
within the United States at least five years and within the 
State or territory where the court is held at least one year, 
he must file in his own handwriting his petition for citi- 
zenship in which he declares that he is not opposed to 
organized government, is not a believer in the practice of 
polygamy, and intends to become a citizen of and reside 
permanently within the United States. Two witnesses who 
are citizens of the United States must testify to his term 
of residence and declare that during the time he has be- 
haved as a person of good moral character, and is quali- 
fied to become a citizen. Ninety days from the filing of 
the petition the applicant is required to appear in open 
court and declare upon oath that he will support the Con- 
stitution of the United States and renounce and abjure 
all allegiance and fidelity to every foreign prince, State, or 
sovereignty whatsoever. The applicant must be able to 
speak the English language. The facts having been as- 
certained to the satisfaction of the court, a certificate of 
naturalization is granted. His wife and any of his chil- 



GENERAL POWERS OF CONGRESS 193 

dren under twenty-one years of age become citizens at the 
same time. 

The children of naturalized citizens born abroad are regarded status of 
as citizens. Children of foreigners born in this country and re- rmnors ' 
siding here may elect their allegiance. An alien coming to the 
United States before he is eighteen years old may be admitted 
to full citizenship, upon the declaration of his intention, after 
he has resided in the United States five years and is twenty-one 
years of age. He must be able to prove a good moral character 
by two witnesses and satisfy the court that, for the two years 
next preceding, it has been his bona fide intention to become a 
citizen. 

The United States District Courts have jurisdiction over bank- Bank- 
ruptcy cases according to the law of July 1, 1898. It provides f^w^f 
also that any person who owes debts, except a corporation, may 1898. 
on his own motion, before such a Court, become a "voluntary" 
bankrupt. Any person or company, except a National bank 
or a bank organized under State or Territorial laws, owing debts 
of SI, 000 and over may be forced by creditors into "involun- 
tary " bankruptcy after an impartial trial. It was estimated that 
within a period of less than three years after the passage of this 
law some 40,000 persons became voluntary bankrupts, and debts 
of over $600,000,000 were thus cancelled. 



II. The Postal System of the United States 

Congress shall have the power to establish post-offices Sections, 
and post-roads. clause 7. 

No part of our government better indicates the great Deveiop- 
rapidity of our National development than the progress thepoka: 
of the post-office system. An act of Congress of 1782 system * 
directed that a mail should be carried at least once in each 
week from one office to another. In 1790 there were 
seventy-five post-offices in the United States; postage to 
the amount of $37,925 was collected, and the post-roads 
extended over 1,875 miles. Said Postmaster-General 
Smith in 1899: "The postal establishment of the United 



194 GENERAL POWERS OF CONGRESS 

States is the greatest business concern in the world. It 
handles more pieces, employs more men, spends more 
money, brings more revenue, uses more agencies, reaches 
more homes, involves more details, and touches more in- 
terests than any other human organization, public or pri- 
vate, governmental or corporate." In 1910 there were 
59,580 post-offices with employees numbering over 200,- 
000. The expenditures amounted to $229,977,000, and 
the total extent of mail routes was some 512,000 miles, 
and the number of pieces of mail matter handled was 
14,000,000,000. 

Classes of There are four classes of domestic mail matter, as follows : 

and rates? 1 First-class — letters, postal-cards, or other wholly or partly written 
matter and all matter closed against inspection. The rates of 
postage (postal-cards and "drop" letters mailed at non-delivery 
offices, excepted) are two cents per ounce or fraction thereof. 
There is also a two-cent rate to Great Britain and Germany. 
Second-class — newspapers and publications issued at stated in- 
tervals as often as four times a year, bearing a date of issue 
and numbered consecutively. When sent by the publishers or 
news-agents the rate is one cent a pound. For other persons 
the rate is one cent for four ounces. Third-class — books, proof- 
sheets accompanied by manuscript copy, and seeds may be sent 
at the rate of one cent for two ounces. Fourth-class — all mer- 
chandise not included in the other classes and limited to four- 
pound packages. The rate is one cent an ounce. All mail mat- 
ter may be registered by the payment of eight cents in addition 
to the regular postage. A "special delivery" ten cent stamp in 
addition to the regular postage entitles any mailable matter 
to immediate delivery by special messenger, upon arrival at the 
post-office to which it is addressed. 

Postal For some years, there was an agitation in favor of es- 

bank?. 3 " tablishing savings-banks, similar to those in European 
countries, in post-offices. It was urged that this would 
encourage thrift among small depositors who were not 
within easy reach of private savings-banks. A law was 
passed in 1910 which provided for the establishment of 



GENERAL POWERS OF CONGRESS 195 

postal savings-banks. The plan has proven a success. 
The post-office acts as the agent through which the funds 
are deposited in the National banks. The banks pay the 
government 2J per cent, interest of which the depositor 
receives 2 per cent. 

The United States is the only great nation whose post-office The postal 
system does not pay a profit. The deficit has been several e Clt ' 
millions of dollars annually, that for 1910 being $6,000,000. 
This wa^ caused largely by the transportation of second-class 
matter. Newspapers are carried free within the county of publi- 
cation except in cities having free delivery. There is a charge 
of one cent a pound on periodicals entered as second-class matter, 
whereas the cost to the government for transportation is eight 
cents a pound. It has been contended by the publishers of peri- 
odicals in their opposition to an increase of the rates on this class 
of mail (1) that the advertisements in magazines increase the 
amount of first-class mail matter through the correspondence 
which they bring about; (2) that the government pays excessive 
sums to the railroad companies, thus increasing the deficit; and 
(3) that the post-office carries all government business free. But 
in 1911, for the first time since 1883, there was a postal surplus 
of nearly 8220,000 which was due chiefly to the improvement in 
administration. 



One of the notable advances in the mail service was Free 

delivery 
the provision for the free distribution of mail in cities 

of 10,000 inhabitants, or where the annual postal receipts 
are S10,000 and above. 

A greater innovation was made possible by an act of Rural mail 
Congress in 1897, which made an appropriation for test- 
ing the advantages of the free delivery system in the 
country districts. In many different sections of the 
country routes were established along which there is the 
daily collection and delivery of the mail from house to 
house. The plan has met with much favor. By No- 
vember 30, 1909, 39,516 such routes had been established. 
The rural population receiving daily mail service amounted 



delivery. 



196 GENERAL POWERS OF CONGRESS 

to more than 18,000,000. In the districts where such 
routes have been formed there has been a large increase 
of postal receipts over the revenues received from the old 
system of rural post-offices.* In addition to bringing the 
country districts into more immediate connection with the 
centres of population, the establishment of these routes 
will bring about a more improved system of road mak- 
ing. Indeed it has practically been determined that good 
roads shall be made a prerequisite, and on one route the 
farmers expended $3,000 in the improvement of the roads 
before the route was granted. 

A pa reels The Postmaster-General in 1908 asked permission to establish 

pos ' a limited parcels-post which should be confined to the rural de- 

livery routes. It was urged that it would not alone be of great 
benefit to the farmers, but would bring large additional revenues 
oo the post-office. The arguments against the system have been 
presented by the express companies and other common carriers 
on the ground that it would mean the destruction of much of 
their business. It was claimed also by merchants of small towns 
that the department stores of the cities would thus be able to 
undersell them. Although the plan was favored by the Presi- 
dent, 1910, it failed in Congress. 

Post-roads. Post-roads, or routes, are declared by statute to be 
"all letter carrier routes in towns and cities, all railroads 
and canals, and all the waters of the United States during 
the time the mail is carried thereon." 



III. Copyrights and Patents. 

The clause which provides that the rights of authors 
and inventors shall be protected by suitable Congres- 
sional enactment was adopted without debate in the Con- 
stitutional Convention. Congress was given power: 

* During the year 1907-1908, 3,694 of these post-offices were discon- 
tinued. 



GENERAL POWERS OF CONGRESS 197 

To -promote the progress of science and useful arts, by section 8. 
securing for limited times to authors and inventors the ex- cause 
elusive right to their respective writings and discoveries. 

Any person desiring a copyright must deliver at the Process of 
office of the Librarian of Congress, or deposit in the mail copyright. 
addressed to him, on or before the day of publication, a July, 1900. 
printed copy of the title of the book, map, chart, dramatic 
or musical composition, engraving, cut, print, photograph, 
or chromo, or a description of the painting, drawing, 
statue, statuary, or a model or design for a work of the 
fine arts for which he desires a copyright. Two complete 
printed copies of the best edition of the book, map, etc., 
or a photograph of the painting, statue, etc., copyrighted 
must be delivered or sent to the Librarian of Congress 
not later than the day of publication. These copies must 
be printed from "type set within the limits of the United 
States or from plates made therefrom, or from negatives, 
or drawings on stone made within the limits of the United 
States, or from transfers made therefrom." 

After complying with the law the author, inventor, de- Protection 
signer, or proprietor of the book, chart, engraving, etc., copyright, 
may have the sole liberty of printing, copying, and selling 
it for a period of twenty-eight years. A renewal for a 
second term of fourteen years may be secured by comply- 
ing with all the regulations for obtaining the original copy- 
right. Copyrights may be sold or transferred providing 
the record is made in the office of the Librarian of Con- 
gress within sixty days. 

As early as 1819 the authors of England and the United States I P ) t ^ a " 
tried to induce Parliament and Congress to pass an international copyright. 
copyright law. The writings of an author of one of these coun- 
tries were commonly republished in the other country without 
his consent. All attempts to secure such legislation were fruit- 
less until Congress enacted, March 3, 1891, that our copyright 
law should also apply to a citizen of a foreign nation, providing 
citizens of the United States are given equal copyright privileges 



198 GENERAL POWERS OF CONGRESS 

with the citizens of that nation, or in case such nation is a party 
to an international agreement, into which the United States may- 
enter, which provides for "reciprocity in the granting of copy- 
right." Copyright relations have been established by the United 
States with the following nations: Belgium, France, Great 
Britain and her possessions, Switzerland, Germany, Italy, Den- 
mark, Portugal, Spain, Mexico, Chile, Costa Rica, and Holland. 

Patents. The inventive genius of the American people, together 

with the protection afforded inventors by our laws, ac- 
count for the fact that out of 1,729,147 patents, the total 
number granted in all countries up to the year 1897, over 
one-third had been issued in the United States.* In the 
year 1910, 37,421 patents were granted by our govern- 
ment. A person desiring a patent must declare upon oath 
in his petition addressed to the Commissioner of Patents 
that he believes himself to be the first inventor of the article 
for which he solicits a patent. He must also submit a full 
description of the invention together with drawings, and if 
required by the Commissioner, a model of it. The sum of 
$15 is charged for filing the application and $20 for issuing 
the patent. The patent is issued for seventeen years, 
but may be extended for seven years longer by the Com- 
missioner or by a special act of Congress, providing the 
inventor has not received what is regarded as an adequate 
money return. During this period, the patentee has the 
exclusive right to manufacture and sell his invention. He 
may also transfer the right to another if notice is sent to 
the Patent Office. 

Caveat. A caveat filed in the Patent Office gives a description 

of a proposed invention and secures to the inventor an 
extension of one year in which to complete his work. 

The Patent Office is one of the self-supporting parts of the 
government. With the fees there has been constructed the 
building now occupied by the Department of the Interior, and 
a large surplus has been accumulated besides. 

* Report of the Commissioner of Patents, 1897, p. vii. 



GENERAL POWERS OF CONGRESS 199 



IV. Piracies and Felonies 

Congress shall have power to define and punish piracies Section 8, 
and felonies committed on the high seas and offences against 



the law of nations. 



The jurisdiction of a State is limited by the low-water mark. 
The United States has jurisdiction over the waters beyond the 
low-water mark and extending three miles farther into the 
ocean, and including gulfs and bays; also over crimes committed 
on vessels of this nation upon the high seas, that is, the waters 
of the ocean beyond this limit. 

"Piracy is robbery on the sea, or by descent from the sea 
upon the coast, committed by persons not holding a commission 
from, or at the time pertaining to, any established state." The 
established punishment for piracy is death. Each nation has 
the power to extend the definition of piracy, as, for illustration, 
in 1820 Congress declared the slave trade to be piracy. Such a 
law, however, can be made to apply only to citizens and vessels 
belonging to that nation. 

Felonies are usually interpreted as including such extreme 
offences as treason, murder, arson, and other crimes, punishable 
by death or imprisonment in State prison. 

The law of nations or international law is defined as follows: 
"The rules which determine the conduct of the general body 
of civilized States in their dealing with one another."* 



Crimes on 
the high 
seas. 



Piracy. 
Woolsey, 
Interna- 
tional Law,. 
§ 137. 



Felony. 



Law of 
nations. 



V. Military Powers of Congress 

To declare war, grant letters of marque and reprisal, and Section 8, 
make rules concerning captures on land and water; 12, 13, 14.' 

To raise and support armies, but no appropriation of 
money to that use shall be for a longer term than two years. 

To proi%de and maintain a navy. 

To make rules for the government and regulation of the 
land and naval forces. 



* Lawrence, The Principles of International Law, p. 1. 



200 GENERAL POWERS OF CONGRESS 

Declaration The power to declare war in European nations largely 

of war. . . . _, . n . , Y . 

rests with the Executive, buch a plan was proposed m 
the Constitutional Convention but it was thought a sov- 
ereign power of this nature ought to be exercised in a 
Republic by the representatives of the people. A formal 
declaration of war is not absolutely necessary before hos- 
tilities are begun, but it is usual. 

Privateers. Great harm has been done to commerce through the use of 
privateers in time of war. These are vessels which are owned 
and officered by private persons but are commissioned through 
the granting by a government of letters of "marque and repri- 
sal." * With such a commission, a vessel is privileged to seize 
the property of the enemy wherever found. In the Congress of 
Paris, of 1856, in which the chief European powers, Spain ex- 
cepted, were represented, one of the principles agreed to was that 
privateering should be abolished. Although our government 
was not a party to the agreement, the President declared at the 
opening of the Spanish-American War, 1898, that its provisions 
should be maintained. Spain declared in favor of granting let- 
ters of marque to privateers but did not carry out the threat. 

Captures. Captures on land become the property of the government. 

Prizes, or captures on the water, are sold under the authority 
of the United States District Court. The proceeds are divided 
among the victorious crew in proportion to the service-pay of 
each, if the captured vessel is of equal rank with the captor; 
if of inferior rank one-half is paid to the government. 

The army. There was great jealousy and fear of the power of the 
army at the close of the Revolutionary War. In order 
that the standing army might not become unduly large, 
the Constitution provides that the appropriation for that 
purpose shall not be for a longer term than two years. It 
was believed that a check could then be imposed through 
the election of new Representatives. These appropria- 
tions have ordinarily been made annually. Compared 

* The term was at first applied on land. An officer thus commissioned 
might pass the mark, or boundary, and make reprisals on the persons or 
property of the enemy. 



GENERAL POWERS OF CONGRESS 201 

with the standing armies of European nations, our army 
is insignificant in numbers.* The army of France on a 
peace footing now numbers 600,000 men; of Germany 
617,000; of Great Britain 132,000; and of Russia 1,200,- 
000. 

The President is ex-officio commander-in-chief of the army and Officers of 
navy of the United States, but the actual movements of the army l e army - 
are practically directed by the lieutenant-general, the officer now 
highest in command. The commissioned officers of a company 
are captain, first and second lieutenants, with an additional first 
lieutenant for the artillery. The non-commissioned officers are 
first sergeant, sergeant, and corporal. Officers above the rank of 
colonel are called ''officers of the line" and all others " field 
officers." 

The construction of a navy in the modern sense was The navy, 
not begun by our government prior to 1883. Since that 
time there has been a notable advance and in 1910 it was 
estimated that our navy was excelled in strength only by 
that of Great Britain. Congress, in 1910, in spite of the 
opposition of the advocates of peace, continued the policy 
of "adequate preparation" by authorizing the construction 
of two battle-ships a year. The Secretary of the Navy de- 
clared that the purchase of eight additional battle-ships at 
an outlay of §50,000,000 would have prevented the war 
with Spain, which necessitated an immediate outlay of 
more than ten times that amount and an average annual 
expenditure besides of $2,000,000 for pensions. 

A ship of the first class is given the name of a State, one of the Classes and 

second class that of a principal city or river, and the name for vessels of 
one of the third class is selected by the President. The navy , 

now contains over 150 ships. At the beginning of the year 1910, men and 

the number of men on board the war-vessels aggregated 46,000. °he C navy! 
The titles admiral and vice-admiral, corresponding to the grades 

* The "New Army Law" of January, 1901, established the minimum 
of men in the army at 57,000 and the maximum at 100,000. In 1908 
the number of officers and men in the army was 72,628. 



202 GENERAL POWERS OF CONGRESS 



Naval 
militia. 



of general and lieutenant-general in the army, were created by 
act of Congress to be bestowed as a recognition for very distin- 
guished service during the Civil War on the following men: 
Admirals Farragut and Porter, and Vice-Admirals Farragut, 
Porter, and Rowan. Admiral Dewey was likewise granted his 
title by a special act of Congress after the battle of Manila. 
Grades in the line of the navy ranking with the army officers, 
major-generals, brigadier-generals, colonels, and so on, are rear- 
admirals, captains, commanders, lieutenant-commanders, lieuten- 
ants, masters, ensigns. 

The naval militia has been organized in eighteen States. They 
are under the immediate direction of the governors and adjutant- 
generals. When called into service during time of war they 
man the vessels for the defence of the harbors, thus freeing the 
regular force to engage in active warfare. 

The militia. A nation must depend for protection either upon a 
large standing army or upon citizen-soldiers. Since the 
regular army was to be small, the plan to provide for 
the militia met with but little opposition in the Consti- 
tutional Convention. Congress was accordingly given the 
power: 

To provide for calling forth the militia to execute the 
laws of the Union, suppress insurrections and repel inva- 
sions. 

To provide for organizing, arming and disciplining the 
militia, and for governing such part of them as may be em- 
ployed in the service of the United States, reserving to the 
States respectively the appointment of the officers, and the 
authority of training the militia according to the discipline 
prescribed by Congress. 

As defined by Congress the militia consists of all able- 
bodied male citizens of the United States and those who 
have declared their intention to become citizens between 
the ages of eighteen and forty-five years. 

That portion of the militia regularly organized into regiments 
in the various States under officers of their own selection is 
called the National Guard. They are granted military stores by 



Section 8 
clause 15 



Clause 16. 



Who are 

the militia? 



The 

National 
Guard. 



GENERAL POWERS OF CONGRESS 203 

order of the Secretary of War and are called upon to take part in 
the manoeuvres and field practice of the regular army. In case 
of need they may be called into the field as a second line of na- 
tional defence. The number of men in the National Guard is over 
130,000. 

When war with Spain was determined upon, the volunteer Volunteers 
army bill was passed by Congress and the President issued a 
proclamation, April 23, calling for 125,000 volunteers for two 
years' service. May 25, there was a second call for 75,000. 
These were apportioned among the States and Territories ac- 
cording to their population. The militia could not be called 
out, for the conditions mentioned in clause 15 did not apply, 
and it was necessary to resort to the volunteer service. Prefer- 
ence was given to those volunteers who were members of the 
organized militia. 

VI. Location of the Capital 

The Congress of the Confederacy, in 1783, while in 
session at Philadelphia, made a fruitless appeal to the 
authorities of Pennsylvania for protection against the 
menaces of a portion of the unpaid Revolutionary army, 
and was compelled to leave the city. The agitation 
arising over this incident doubtless led to the Constitu- 
tional provision: 

Congress shall have the power to exercise exclusive legis- Section s, 
lation in all cases whatsoever over such district {not ex- 
ceeding ten miles square) as may, by cession of particular 
States, and the acceptance of Congress, become the seat of 
the government of the United States, and to exercise like 
authority over all places purchased by the consent of the 
legislature of the State in which the same shall be, for the 
erection of forts, magazines, arsenals, dock-yards, and other 
needful buildings. 

After a notable contest, Congress in 1790 accepted the District of 
cession of ten miles square of land in which to locate the 
National capital, offered by the States of Maryland and 
Virginia and situated on the Potomac River. Some 



204 GENERAL POWERS OF CONGRESS 

thirty square miles were afterwards receded to Virginia. 
New York had been the capital since 1785. In 1790 it 
was again located at Philadelphia for ten years, and was 
then transferred to the District of Columbia. 



viovern- 
ment of 
the 
District. 



Forts and 
arsenals. 



The local affairs of the District are administered by three com- 
missioners: a Republican, a Democrat, and an officer of the En- 
gineer Corps of the army. They are appointed by the President 
and confirmed by the Senate for a term of three years, and each 
has a salary of $5,000 per annum. They are granted the privilege 
of originating many bills relative to the affairs of the District, 
which then pass through the ordinary course of legislation in 
Congress. All other officers are appointed by the President, the 
inhabitants not having the right of the ballot in a single instance. 
One-half the expenses of the government is provided for through 
Congressional appropriations. The remainder is met by taxa- 
tion in the District. 

When the States sell land to the general government to be used 
for forts, magazines, and other purposes, they usually reserve 
the right to serve civil and criminal writs on persons within the 
ceded territory. Such places cannot, in consequence, become 
asylums for fugitives from justice. 



VII. Implied Powers 



Section 8, 
clause 18. 



Strict and 
loose con- 
struction 



We are now to consider one of the most important 
grants of power to Congress: 

To make all laws which shall be necessary and proper 
for carrying into execution the foregoing powers and all 
other powers vested by this Constitution in the government 
of the United States or in any department or officer thereof 

Our national development has been largely depend- 
ent upon the liberal construction given this clause, which 
is often called the " elastic clause" of the Constitution. 

The question of its real interpretation arose over the 
problem of establishing the first United States Bank in 
1791. Madison urged, when the measure was being con- 
sidered in the House of Representatives, that Congress 



GENERAL POWERS OF CONGRESS 205 

did not possess the power of establishing such a corpora- 
tion, since it was not expressly granted by the Constitu- 
tion. When President Washington referred it to his 
Cabinet for consideration, Jefferson took a similar position. 
Hamilton maintained, on the other hand, that the power 
was implied in the foregoing clause, and that if the bank 
were "necessary and proper to carry out any specific 
powers, such as taxation and the borrowing of money, 
then Congress might create a bank or any other public 
institution to serve its ends." 

We have here the first assertions of the doctrines of the The 
strict and loose constructions of the Constitution. A few of political 
of the other great questions, besides that of the United 
States Bank, which have led to the definition of these 
views have been, Has Congress the right to make appro- 
priations for internal improvements? Does the Consti- 
tution allow the establishment of a protective tariff or the 
acquistion of territory ? Is not the making of paper money 
legal tender unconstitutional ? In general, the views on the 
interpretation of the Constitution held by Hamilton and the 
Federalists have been those of the Whig and the Republi- 
can parties, and those held by Jefferson and the anti-Fed- 
eralists have constituted the guiding principles of the Dem- 
ocratic party. Strictly speaking, however, the party in 
power have been loose constructionists and their opponents 
have been strict constructionists. A study of the questions 
just indicated shows that there has been present the ten- 
dency, throughout the history of our nation, to advance 
the principle of the broad interpretation of the Constitu- 
tion, and this has led to the taking of an advanced posi- 
tion by the party of strict interpretation. Thus the Dem- 
ocratic party of 1850 would be considered the party of 
liberal interpretation if compared with the Democratic- 
Republican party of Washington's administration. 

Mr. Bryce has well said: "The interpretation which 



206 GENERAL POWERS OF CONGRESS 

has thus stretched the Constitution to cover powers once 
undreamt of may be deemed a dangerous resource. But 
it must be remembered that even the Constitutions we 
call rigid must make their choice between being bent or 
being broken. The Americans have more than once bent 
their Constitution in order that they might not be forced 
to break it." * 

Supplementary Questions and References 

1. What are some of the difficulties encountered in becoming 
a citizen ? Independent, 65 : 994-1000. 

2. The following references are good on the subject of postal 
reform: Forum, 24 : 471-475: 723-728; N. Am. Rev., 166 : 
342-349; 172 : 420-430. 

3. For postal savings-banks in Great Britain, see Arena, 33 : 
31-37; 35 : 590-592. 

4. For parcels post in Europe, see Arena, 34 : 113-119. 

5. Should there be a system of postal telegraphy? Cen. 
Mag., 59 : 952-956; N. Am. Rev., 172 : 554-556. 

6. For the methods employed in the patent office and a com- 
parison between our system and that of European nations, see 
The United States Patent Office, Cen. Mag., 61 : 346-356. * 

7. Describe the organization of our army. Harper's Mag., 
80 : 493-509; Forum, 21 : 34-43. 

8. For an interesting account of the army and navy at the 
opening of the war with Spain, see Lodge, Harper's Mag., 98 : 
833-858. 

9. How is the success of our navy in the war with Spain ac- 
counted for? Atl. Mo., 82 : 605-616; Scribner's Mag., 24 : 
529-539. 

10. The process of the construction and cost of a battle-ship. 
Cen. Mag., 48 : 347-352. 

11. The process of building a dreadnought. Rev. of R's, 39 : 
749-750. 

12. Our naval progress compared with other nations. Rev. 
of R's, 17 : 70-71; 39 : 347; World's Work, 21 : 13898-13902. 

* Bryce, American Commonwealth, I, 390. 



GENERAL POWERS OF CONGRESS 207 

13. The costliness of war, see Arena, 36 : 337-344. 

14. Should the navy be enlarged? Indept., 38 : 589-594. 

15. Message of President Roosevelt on the army and navy, 
1907. Reinsch, Readings on American Federal Government, 
610-618. 

16. The significance of the world cruise of the fleet, 1907. 
Rev. of R's, 37 : 456-463; 38 : 281. 

17. What special problem was connected with the location 
of the capital? How was it finally settled? Hart, American 
History Told by Contemporaries, III, 269-272; Schouler, I, 
152-156; McMaster, I, 555-562. 

18. The development of Washington during the one hundred 
years of its existence is discussed in Rev. of R's, 22 : 675-686; 
Forum, 30 : 545-554. 

19. For the influence of the implied powers, see: 

a. Internal improvements. American History, 277; Hart, 
American History Told by Contemporaries, III, 436- 
440; Walker, The Making of the Nation, 204, 205, 262, 
263; Hart, Formation of the Union, 227-229, 253-255. 

b. The United States Bank. American History, 220-222, 

286; Hart, American History Told by Contemporaries, 
III, 446-450; Hart, Formation of the Union, 150-151, 
226-227; Walker, The Making of the Nation, 82-83. 

c. The annexation of territory. American History, 247; 

Hart, American History Told by Contemporaries, III, 
373-376; Walker, The Making of the Nation, 177-184; 
Hart, The Formation of the Union, 188. 

d. Legal tender cases. American History, 378, 388; Wilson, 
Division and Reunion, 280-281. 

20. Make a list of the powers of Congress thus far discussed. 
See article I, section 8. Mention in connection with as many of 
these as possible some action of Congress taken by virtue of the 
power stated in clause 18 of section 8. 



CHAPTER XXI 

POWERS DENIED THE UNITED STATES AND THE 
SEVERAL STATES 

Prohibi- After an enumeration of certain powers granted to 

UniteT e Congress, we come next to consider those retained by the 
people. They represent the fruits of centuries of con- 
tests which not even the representatives of the people 
should be privileged to destroy. In like manner, at the 
time of the formation of the Constitution it was desirable 
that the general government should be protected from the 
encroachments of the individual States. 
Slave trade Traffic in slaves was general among civilized nations 
prohibited. in 1787> j t ig sat i s f actor y to note , therefore, that a 

majority of the delegates in the Convention favored the pro- 
hibition of the slave trade immediately. All of the States, 
Georgia, North Carolina, and South Carolina excepted, 
had already prohibited it. Through fears that the adop- 
tion of the Constitution would be endangered, a concession 
was finally made to these States by a compromise which 
provided that the slave trade should not be prohibited for 
a period of twenty years. 
Article I The migration or importation of such persons as any of 

lizusei.' ih e States now existing shall think proper to admit, shall 
not be prohibited by Congress prior to the year one thou- 
sand eight hundred and eight, but a tax or duty may be 
imposed on such importation, not exceeding ten dollars for 
each person. 

Such a tax was never imposed. It was found that the 
law of 1807 which was to take effect January 1, 1808, 

208 



POWERS DENIED UNITED STATES 209 

and thus carry out the intention of this clause, did not 
wholly stop the traffic. Congress, therefore, in 1820, de- 
clared the slave trade to be piracy punishable with death. 

The privilege of the writ of habeas corpus shall not be Sections, 
suspended, unless when in cases of rebellion or invasion the 
public safety may require it. 

A writ of habeas corpus is a writ granted by a court Habeas 
commanding an officer to produce before it the body of 
a prisoner, that the court may inquire into the cause of 
imprisonment or detention. If after such inquiry, it is 
found that a person is detained for insufficient cause, he 
is given his freedom. Congress has been given, by ju- 
dicial decision, the right to suspend the writ in case 
of rebellion or invasion, but may grant this right to the 
President.* 

No bill of attainder or ex post facto law shall be passed, clause 3. 

" Bills of attainder are such special acts of the legislature Bill of 
as inflict capital punishments upon persons supposed to be a ain er ' 
guilty of high offences, such as treason and felony, without any 
conviction in the ordinary course of proceedings. If an act in- Story, On 
flicts a milder degree of punishment than death it is called a tution°, n il!' 
bill of pains and penalties." The great abuses under such a 216 - 
law grow out of the fact that persons may be deprived of life, 
liberty, or property without judicial procedure, and such action 
would be intolerable in the United States, 

The Supreme Court has given the following definition : Ex post 
"An ex post facto law is one which renders 'an act pun- 
ishable in a manner in which it was not punishable when it 
was committed. The phrase applies to acts of a criminal 
nature only. . . . Laws which mitigate the character or story, On 
punishment of a crime already committed, may not fall tution, n," 

• . 220 221 

within the prohibition, for they are in favor of the citizen." f 

* For President Lincoln's use of this writ, see American History, p. 391. 
t Section 9, clause 4, is discussed under National Finances, p. 167. 
Section 9, clauses 5 and 6, are discussed under Commerce, p. 174. 



210 POWERS DENIED UNITED STATES 



Clause 7. 



Care of 

public 

money. 



Clause 8. 



Titles of 
nobility. 



-Gifts from 

foreign 

states. 



Seotion 10, 
clause 1. 
Absolute 
prohibi- 
tions on 
the States. 



No money shall be drawn from the Treasury, but in con- 
sequence of appropriations made by law; and a regular 
statement and account of the receipts and expenditures of 
all public money shall be published from time to time. 

It is proper in a government such as ours that the con- 
trol of the public money should be lodged with the repre- 
sentatives of the people. Through the annual report of 
the Secretary of the Treasury, the people may know from 
what sources our revenues are derived and for what pur- 
poses the money is expended. 

No title of nobility shall be granted by the United States; 
and no person holding any office of profit or trust under 
them shall, without the consent of the Congress, accept of 
any present, emolument, office, or title of any kind what- 
ever from any king, prince or foreign state. 

An amendment proposed in 1809 provided that any one 
who accepted a title of nobility, or, without the consent 
of Congress, a present, office, or emolument from any 
foreign sovereign or state should cease to be a citizen of 
the United States and be incapable of holding any office 
therein. That the spirit of antagonism to a titled citizen- 
ship was general is shown by the fact that this amendment 
passed both Houses of Congress, received the sanction of 
twelve States, and failed of ratification by only one vote. 

It was hoped through the second part of the clause that 
public officers would be removed from the dangers of 
bribery by foreign nations. Congress may allow gifts to 
be accepted by our officials but usually they pass into the 
control of the government. 

No State shall enter into any treaty, alliance, or confed- 
eration; grant letters of marque and reprisal, coin money, 
emit bills of credit; make anything but gold and silver coin 
a tender in payment of debts; pass any bill of attainder, 
ex post facto law, or law impairing the obligation of con- 
tracts, or grant any title of nobility. 



POWERS DENIED UNITED STATES 211 

It is obvious that the power to enter into treaties, al- The states 
liances, and confederations or to grant letters of marque 
and reprisal should be confined to the general government 
alone. Otherwise, there would be constant danger that 
the individual States might enter into alliances or grant 
privileges which would tend to destroy the Union. Con- 
gress had already been given the power to coin money 
and regulate its value. Hopeless confusion must ensue 
were the States to be given like powers. During the colo- 
nial and revolutionary periods there were many notable 
examples of the evils which always followed the issue, by 
the States, of paper money designed to circulate as a lsr^al 
tender. 

When two or more persons enter into a compact "to obligation 
do or not to do a particular thing" which is legally bind- contracts. 
ing upon them, no State may, in any way, modify this 
agreement. This interpretation was established by the 
decision in the celebrated Dartmouth College case.* 

No State shall, without the consent of the Congress, lay Section 10, 
any imposts or duties on imports or exports except what Condi-"' 
may be absolutely necessary for executing its inspection laws; hibitions 
and the net produce of all duties and imposts laid by any States. 
State on imports or exports, shall be for the use of the 
Treasury of the United States; and all such laws shall be 
subject to the revision and control of the Congress. 

No State shall, without the consent of Congress, lay any Section io, 
duty of tonnage, keep troops or ships of war in time of other con- 
peace, enter into any agreement or compact with another prohibi- 
State or with a foreign power, or engage in war, unless states." 
actually invaded or in such imminent danger as will not 
admit of delay. 

Were the States given power to lay tonnage dues (a tax 
on ships by the ton according to their carrying capacity), 

* See Magruder, John Marshall, American Statesman Series, 190-193; 
American History, p. 286. 



212 POWERS DENIED UNITED STATES 

it would interfere with the regulation of commerce by 
Congress. No justification for the remaining prohibitions 
is needed, for if these powers were possessed by the States 
the Union might quickly be destroyed. 



CHAPTER XXII 

THE EXECUTIVE DEPARTMENT 

Nomination of President and Vice-President 



The great weakness of the government under the 
Confederation grew out of the fact that there existed no 
adequate executive. The desire to remedy this defect 
was general and all of the plans submitted in the Con- 
stitutional Convention made provision for an executive. 
There was no agreement, at first, as to whether the exec- 
utive power should be vested in one person or more than 
one. The fear of a monarch was deep-seated in the minds 
of the people. Finally, the desire to secure energy in the 
execution of governmental affairs and responsibility led to 
the determination to provide for a single executive. 

It was proposed in the draft submitted by Mr. Pinck- 
ney, that the executive power should be vested in a Presi- 
dent of the United States of America who should have the 
title, "His Excellency."* The term President was in 
common usage ; Congress had called its chief officer Presi- 
dent, and the chief magistrates in some of the States bore 
the same name. Much discussion was aroused over the 
question of the proper duration of the term of office. 
Hamilton and Madison favored a continuance in office 
during good behavior. A term of three years and one of 

* The proposition was made, in Congress, soon after the government 
went into operation, that some more dignified title should be applied to 
the President. " His Highness, the President of the United States and 
Protector of their Liberties," "His Patriotic Majesty," "His High 
Mightiness," and other aristocratic titles were suggested. But an agree- 
ment was reached that he should be addressed in official documents as the 
"President of the United States." 

213 



The 
Executive. 



Title and 
length of 
term of the 
Executive. 



214 



THE EXECUTIVE DEPARTMENT 



Article II, 
section 1, 
clause 1. 



Method of 
election. 



seven years were also recommended during the early days 
of the Convention. The proposition to choose the Execu- 
tive for seven years was at first carried by a majority of 
only one vote; but when the clause, "to be chosen by the 
National Legislature," was added, eight States agreed to 
it. That the President should not be eligible for re- 
election was determined by the same number of votes* 
So the clause stood in the first draft of the Constitution. 
Toward the close of the Convention, upon recommenda- 
tion of a committee that the method of election previously 
agreed to should be changed, the length of term was 
fixed at four years. It was then declared, too, that by 
this change the President might be elected for more than 
a single term. So the clause finally read: 

The executive power shall be vested in a President of the 
United States of America. He shall hold his office during 
the term of four years, and, together with the Vice-President, 
chosen for the same term, be elected as follows: 

No problem in the Constitutional Convention was more 
difficult of solution than that of determining the method 
by which the President was to be chosen, and it is said to 
have occupied one-seventh of the entire time of the Con- 
vention. Many plans were proposed. Among them were 
those which provided for the selection by Congress; by 
the people; and by Electors who should be appointed as 
the State legislatures might direct. The method most in 
favor for a considerable time proposed that the President 
should be chosen by Congress. The argument which led 
to a reversal of the decision toward the end of the Con- 
vention was that the President would be liable to become 
a tool in the hands of the dominant party in Congress. 
This desire to escape any official influence led to the adop- 
tion of the clause that: "No Senator or Representative, 
or person holding a position of trust or profit under the 
United States, shall be appointed an Elector." There was 



THE EXECUTIVE DEPARTMENT 215 

general distrust of the method of election by the people 
because of the " tumult and disorder" which it was be- 
lieved would be the accompaniment of such an important 
choice. Then, too, the belief was general in the Con- 
vention that the people would not be sufficiently well in- 
formed concerning the qualifications of men who were 
suitable for the Presidency. 

The Convention at last decided in favor of giving the 
selection of the President and the Vice-President into the 
hands of independent Electors, whose appointment was 
provided for as follows: 

Each State shall appoint, in such manner as the legislat- Section i, 
ure thereof may direct, a number of Electors equal to the Appoint- 
whole number of Senators and Representatives to which the Electors. 
State may be entitled in the Congress; but no Senator or 
Representative, or person holding an office of trust or profit 
under the United States, shall be appointed an Elector. 

Many different methods of choosing Electors have been 
used. The favorite at first was that each State legislature 
chose the Electors for its State. South Carolina used this 
method until 1868. The district method has also been 
used, by which an Elector is chosen in each of the Con- 
gressional districts and two for the State at large. This 
method, which most nearly expresses the wishes of the 
people, has been used but once since 1832.* At the 
present time, the Electors are elected in each State on a 
general ticket by direct vote. Each political party nom- 
inates a "number of Electors equal to the whole number 
of Senators and Representatives to which the State may 
be entitled in Congress." 

The nominations of candidates for the office of Elector 



* In 1892 Michigan chose her Electors by districts. A test case was 
brought before the United States Supreme Court on the ground of un- 
constitutionality. It was decided that the Legislature had acted within 
its powers, but two years later the law was repealed. 



216 THE EXECUTIVE DEPARTMENT 



are usually made at the State Conventions of the different 
parties when they nominate State tickets. These occur 
usually in August or September preceding the November 
election. Each person then votes for the entire number of 
Electors to which his State is entitled, and will naturally 
vote for all the Electors of his party ticket. The political 
party, therefore, which receives the majority of the votes 
in a State secures all the Electoral votes of that State.* 
Nomina- It was originally intended that the Electors should ex- 

udates for ercise the right of free choice, but on account of the growth 
and vice- of the power of political parties they do not. They are 
pledged to vote for candidates already nominated in party 
conventions. So we know the day following the election 
who is to be the next President. The framers of the Con- 
stitution did not anticipate such an influence and con- 
sidered no plans for nominating candidates. But as this 
has become the real method by which Presidents are 
selected, we shall consider next the place of National 
Conventions. 

The National Conventions of both the great parties are 
made up of twice as many delegates from the different 
States as these States have Representatives and Senators 
in Congress. The four delegates representing twice the 
number of Senators are known as delegates-at-large. 
There are also chosen as many alternates as delegates. 



The 

National 
Conven- 
tions. 



* It has sometimes happened, however, when the election in a State 
has been close that one or more of the Electors on a minority ticket have 
run ahead of the other candidates on that ticket and have secured a 
larger number of votes than candidates on the majority ticket, thus ob- 
taining an election. California, in 1892, gave one Electoral vote to Mr. 
Harrison and eight to Mr. Cleveland, and again, in 1896, gave eight votes 
to Mr. McKinley and one to Mr. Bryan. Kentucky, in 1896, cast twelve 
votes for Mr. McKinley and one for Mr. Bryan. 

Instances have occurred in which two weaker political parties have 
combined in their Electoral ticket against a stronger party and by such a 
fusion have been able to carry a State, thus dividing the Electoral votes 
of that State between them. 



THE EXECUTIVE DEPARTMENT 217 

These delegates are chosen by Conventions In the different 
States in April or May of the Presidential election year. 
According to the prescribed method, in the Republican 
party two delegates are selected for each of the Congres- 
sional districts by the district Conventions of each party 
and the four delegates-at-large are chosen by the State 
Conventions. Delegates in the Democratic party may be 
chosen in State Conventions or in district and State Conven- 
tions. New Jersey, Wisconsin, Nebraska, North Dakota, 
Oregon, and California provide by statute for a Presidential 
primary. It is endorsed by the Progressives in other States. 

The National Convention is held in some leading city work of 
during the month of June or July of the year in which National 
a President is to be elected. A few days before the day tionT en ~ 
set for the Convention the delegates, together with many 
thousands of politicians, newspaper reporters, and sight- 
seers, flock to that city. Headquarters are established and 
delegations are "labored with" in behalf of the different 
candidates. On the day appointed, the Convention is 
called to order by the chairman of the National commit- 
tee under whose auspices the Convention is to be held. 
A temporary chairman is elected, clerks and secretaries 
are appointed, and rules for the government of the Con- 
vention are adopted. Committees are then made up, the 
most important being those on credentials, which decides 
the questions of contested seats; on permanent organiza- 
tion, and on resolutions, and the Convention adjourns 
to await their reports. In the next session, a permanent 
chairman, secretary, and other officers are selected. On 
the same day or the next the report of the committee 
on resolutions, which sets forth the platform embodying 
party doctrines and principles, is given. 

Usually on the third or fourth day the nominations are 
made. The roll of States is called and the names of the 
various favorites are placed before the Convention as their 



218 THE EXECUTIVE DEPARTMENT 

home States are reached. A State sometimes waives its 
privilege in behalf of some other State which has a candi- 
date to present. Again, the clerk calls the roll of the 
States and each chairman of a delegation announces the 
votes from his State. In the Democratic party the ma- 
jority vote of the delegates from a State determines how 
the whole vote of that State must be cast. When Repub- 
lican delegates are not instructed each may vote as he 
pleases. In the Republican Convention, a majority of the 
number of delegates voting is sufficient for nomination. 
No nomination is possible in the Democratic Convention 
except by the vote of two-thirds of the delegates voting. 
Then follows the selection of a candidate for Vice- 
President. In this choice the attempt is made to secure 
some man who will add strength to the party and who 
comes from a different section of the country from that 
represented by the candidate for the Presidency. He may, 
as in the cases of Tyler and Johnson, represent a faction 
of the party that is not in entire agreement with the 
majority. 
The A National Committee is also appointed, made up of 

Com- one member from each State, nominated by the State dele- 

gation. This committee is elected before the nominations 
have been made. The wishes of the nominee prevail 
in the choice of the chairman. The committee occupies 
a position of great importance, for by it the platform 
of the party is largely determined. We have here a body 
of men not mentioned by the Constitution but exerting 
vastly greater influence upon the election of President 
than does the Electoral College itself. The campaign is 
organized by this committee. Money is secured, speakers 
are selected, and party literature is sent out by it. The 
committee looks after the interests of the party during the 
ensuing four years and issues the call for the next Na- 
tional Convention. 



Jilt Lee. 



THE EXECUTIVE DEPARTMENT 219 

Some idea of the extent of the National Committee's power Campaign 
may be gathered when we consider the size of the campaign fund fund - 
intrusted to its care. It is said that the whole cost of conduct- 
ing the campaign in which Mr. Lincoln was elected for the second 
time amounted to §100,000. The amount of money spent by 
each of the two National Committees in 1900 is estimated at 
S3, 000,000. A large proportion of this sum was expended in 
the establishment of National Committee head-quarters, in the 
publication and distribution of campaign literature, and in meet- 
ing the expenses of speakers. Two significant reforms were in- 
troduced in the election of 1908. (1) By an act of 1907, Congress 
forbade corporations to make contributions to campaign funds 
in Federal elections. (2) The Democratic platform demanded 
publicity in campaign expenses and Mr. Taft, as the Republican 
candidate, announced that all contributions would be made public 
after the election. 

Like the development of other political usages, the method of Early 
nominating a President passed through several stages before the ^min^t- 
present plan of nominating conventions was reached. No nomi- Ag- 
nations were made in the first two Presidential elections and 
Washington was elected as provided for by the Constitution. In 
1796, Washington having refused to be a candidate for a third 
term, party managers in Congress agreed informally on Adams 
and Jefferson as the candidates of the Federalist and the Repub- 
lican parties. A caucus of Federalist Congressmen, in 1800, 
nominated Adams and Pinckney, and a caucus of Republican 
Congressmen nominated Jefferson and Burr for the offices of 
President and Vice-President. The Republican members of 
Congress continued to hold a regular caucus and thus direct the 
votes of the party Electors until 1824. In that year William 
H. Crawford, the last Congressional nominee, was defeated. 
There was opposition to the Congressional caucus from the be- 
ginning, for such a method was regarded as undemocratic. In 
1824 and 1828, the several State legislatures put forward their 
favorites for the office of President. 

The National Nominating Convention, as we know Nomina- 
it, was used for the first time by the Anti-Masonic party National 
which selected William Wirt for its candidate in 1831. Sonlf"" 
This method was followed in the same year by the National 
Republican party which nominated Henry Clay. The 



220 THE EXECUTIVE DEPARTMENT 

National Convention of the Democratic party in 1832 
nominated Andrew Jackson, who had already been nomi- 
nated by many local Conventions and State legislatures. 
Many years elapsed before the present complex organi- 
zation was reached, but since 1836, with the single ex- 
ception of the Whig party in that year, parties have re- 
garded the National Convention as an essential factor in 
electing President and Vice-President. 

Supplementary Questions and References 

1. July 9, 1789, the Constitutional Convention, by a vote of 
9 to 1, fixed on a term of six years for the President with no 
re-election. Would this be a desirable change at present? 
Presidential Elections Paralyzing to Business, Forum, 22 : 
563-570. 

2. Why was it thought best to make the President eligible to 
re-election for more than one term? Madison, Journal of the 
Constitutional Convention, 369; The Federalist, No. 72. 

3. What led to the understanding that a President was to be 
elected for only two terms ? Is there good reason for holding to 
this tradition? McMaster,The Third Term Tradition, Forum, 
20 : 257-265; Eaton, The Perils of Re-electing Presidents, N. 
Am. Rev., 154 : 691-704. 

4. What Presidents have served two terms? How was their 
election for a second term to be accounted for ? See American 
History. 

5. The method of calling National political conventions. 
When held? Questions considered? Make a study of the last 
conventions. Thurston, How Presidents are Nominated, Cos- 
mop., 29 : 194-200; Maurice Low, How a President is Elected, 
Scribner's Mag., 27 : 643-656; Republican Convention, 1908, 
Rev. of R's, 38 : 8, 9; Democratic Convention, 1809, Rev. of 
R's,38: 178-184. 

6. What is a "dark horse" in a National Convention? Give 
instances in our history. 

7. Under what conditions was the first platform of a National 
Convention agreed upon ? Wilson, Division and Reunion, 63. 



THE EXECUTIVE DEPARTMENT 221 

8. Compare the chief planks given in the various party plat- 
forms of the last Presidential election. Do the successful parties 
generally fulfil the pledges of their platforms ? 

9. For the work of the National Committee, see Rev. of R's, 
22 : 549-563. 

10. What was the probable origin of the system of electing a 
President by Electors ? Fiske, Critical Period of American His- 
tory, 66 : 280-289. 

11. For the methods which have been used in electing a Presi- 
dent, see N. Am. Rev., 171 : 273-280. 

12. How was the method of electing the President by inde- 
pendent Electors regarded at the time of the adoption of the Con- 
stitution ? The Federalist, No. 68. 

13. Should Electors for President and Vice-President be elected 
by the vote of Congressional districts with two at large for each 
State instead of upon a general ticket? Forum, 12 : 702-713; 
N. Am. Rev., 154 : 439-446; The Federalist, No. 68; Bancroft, 
History of the United States, VI, 328-340. 

14. Should the President be elected by direct popular vote? 
Indept, 68 : 191-194; Outlook, 90 : 299-303; 776-777; N. 
Am. Rev., 171 : 273-288 ; Schouler, Grave Dangers in Our 
Presidential Electoral System, Forum, 18 : 532-536; Carlisle, 
Dangerous Defects in Our Electoral System, Forum, 24 : 257- 
266; 651-659; Scribner's Mag., 27 : 643-656. 

15. For arguments in favor of and opposed to a Presidential 
primary, see Outlook, 100, 164, 165. 

16. For campaign expenses, 1908, see Rev. of R's, 38: 139. 
432-438. 



CHAPTER XXIII 

THE ELECTION OF A PRESIDENT 



Function 
of the 
Electors. 



Amend- 
ment XII. 



Having considered the method by which a President is 
nominated and that by which the Electors are chosen, we 
are now prepared to discuss the way in which the Electors 
choose a President, for the steps prescribed by the Con- 
stitution must still be followed, although the election has 
been practically decided by popular vote. The function 
of the Electors is given in Article XII of the Amendments. 

The Electors shall meet in their respective States and vote 
by ballot for President and Vice-President, one of whom, at 
least, shall not be an inhabitant of the same State with them- 
selves; they shall name in their ballots the person voted for 
as President, and in distinct ballots the person voted for as 
Vice-President; and they shall make distinct lists of all 
persons voted for as President, and of all persons voted for 
as Vice-President, and of the number of votes for each, 
which lists they shall sign, and certify, and transmit, sealed, 
to the seat of government of the United States, directed to the 
President of the Senate; — the President of the Senate shall, 
in the presence of the Senate and House of Representatives, 
open all the certificates, and the votes shall then be counted; — 
the person having the greatest number of votes for President 
shall be the President, if such number be a majority of the 
whole number of Electors appointed; and if no person have 
such majority, then, from the persons having the highest 
numbers, not exceeding three, on the list of those voted for 
as President, the House of Representatives shall choose 
immediately, by ballot, the President But in choosing the 
President, the votes shall be taken by States, the representa- 
tion from each State having one vote; a quorum for this 

222 



THE ELECTION OF A PRESIDENT 223 

purpose shall consist of a member or members from two- 
thirds of the States, and a majority of all the States shall be 
necessary to a choice. And if the House of Representatives 
shall not choose a President, whenever the right to choose 
shall devolve upon them, before the fourth day of March 
next following, then the Vice-President shall act as Presi- 
dent, as in the case of the death or other constitutional 
disability of the President. — The person having the greatest 
number of votes as Vice-President shall be the Vice-President, 
if such number be a majority of the whole number of Electors 
appointed; and if no person have a majority, then, from 
the two highest numbers on the list, the Senate shall choose 
the Vice-President; a quorum for the purpose shall consist 
of two-thirds of the whole number of Senators, and a ma- 
jority of the whole number shall be necessary to a choice. 
But no person constitutionally ineligible to the office of 
President shall be eligible to that of Vice-President of the 
United States. 

The Electoral Colleges, made up of the Electors in the Meeting of 
several States, are all required to meet on the second Electoral 
Monday in January. Each Electoral College must meet 
in its own State, usually at the State capital. After the 
Electors have voted for President and Vice-President 
separately, three lists are made of all the persons voted 
for as President and as Vice-President and the number 
of votes for each. These lists are then certified to, signed 
by the Electors, and sealed. One of the lists is carried 
by a special messenger to the President of the Senate at 
Washington; another is sent by mail to the same officer, 
and the third is deposited with the United States District 
Court Judge of the district in which the Electoral College 
meets.* 

* If neither of the other lists has been received by the President of 
the Senate by the fourth Monday in January following the election, he 
may send a special messenger to obtain the list deposited with the District 
Judge. 






224 THE ELECTION OF A PRESIDENT 



Counting 

the 

Electoral 



These votes are opened by the President of the Senate 
in the presence of the Senate and the House of Represen- 
tatives on the second Wednesday in February, and the 
votes are counted. The person having a majority of all 
the Electoral votes cast for President is declared to be 
duly elected President of the United States, and the per- 
son who has a majority of the Electoral votes cast for Vice- 
President is declared duly elected Vice-President of the 
United States. Contrary to the expectation of the Con- 
stitutional Convention, the votes cast by the Electors 
since 1800 have been merely a form of registering the 
popular verdict. While there is no law which pre- 
vents an Elector from voting for candidates other than 
those on his ticket, still the custom of voting only for 
his own party candidates has become as binding as any 
statute.* 



Amending 
the Con- 
stitution 
by usage. 



Election of 
a President 
by the 
House of 
Represen- 
tatives. 



Thus, in the election of a President, we have an excellent illus- 
tration of what has been styled "Amending the Constitution by- 
usage." "The difference between the actual and the Constitu- 
tional modes is the difference between an ideal non-partisan 
choice and a choice made under party whips; the difference be- 
tween a choice made by independent unpledged Electors acting 
apart in the States and a choice made by a National party Con- 
vention."f 

If none of the candidates receives a majority of the 
Electoral votes, the House of Representatives must pro- 
ceed immediately to choose a President from the three 
candidates having the highest number of Electoral votes. 

* The most notable exception was in the election of 1872, when sixty- 
six Electors were pledged to vote for Horace Greeley for President. Mr. 
Greeley died before the meeting of the Electoral Colleges. When they 
met, the votes of the Electors were divided between two prominent Dem- 
ocrats, with the exception of those of three Electors who still insisted in 
carrying out instructions by casting their ballots for Mr. Greeley. The 
question arises, What would have been the solution of the problem were 
a majority pledged to vote for him? 

t Wilson, Congressional Government, 243, 244. 






THE ELECTION OF A PRESIDENT 225 

In 1825 the House was called upon to choose a Presi- 
dent from the three highest candidates; Andrew Jack- 
son, John Quincy Adams, and William H. Crawford. 
Mr. Adams was chosen President, having received the 
votes of thirteen out of twenty-four States, although he 
had fewer Electoral votes and fewer popular votes than 
Mr. Jackson. 

The XHth Amendment provides that if a President The vice- 
is not chosen by the House of Representatives "when- 
ever the right of choice shall devolve upon them before 
the fourth day of March next following, then the Vice- 
President shall act as President," as in the case of the 
death, resignation, or removal of the President. There 
has been no such case in our history. It is also pro- 
vided that if no person have a majority of the Electoral 
votes for Vice-President the Senate shall choose the 
Vice-President from the two candidates having the highest 
numbers on the lists. The one instance of the election of 
a Vice-President in this way occurred in 1837, when the 
Senate elected Richard M. Johnson, who had already re- 
ceived the highest Electoral vote. 

The framers of the Constitution did not consider the Disputed 
question of appointing a tribunal to whom might be re- returns * 
f erred the returns of a State when in dispute, or to decide 
between two conflicting returns from two sets of Electors. 
By a joint rule adopted in 1865, the vote of any State, 
where there was objection made, was not to be counted 
except by agreement of both Houses of Congress. The 
votes of two States were rejected under this rule in 1873. 
On both dates the Senate and the House were under the 
control of the same political party.* 

The wisdom of having uniform days when the Electors 
are to be chosen and when they must give their votes is 
almost self-evident. So the Constitution provides: 

* For the Electoral Commission, 1876, see American History, p. 448. 



226 THE ELECTION OF A PRESIDENT 



Article II, 
section 1, 
clause 3. 



Times of 
election 
and voting. 



Section 1, 
clause 2. 
The 
original 
method of 
choosing 
the 
President. 



The Congress may determine the time of choosing the 
Electors, and the day on which they shall give their votes; 
which day shall be the same throughout the United States. 

By such a provision, there is less opportunity for po- 
litical intrigue and combination. The day on which the 
Electors were to be chosen was changed from time to time 
until 1845, when Congress enacted that the day should 
be the same throughout the United States. They selected 
the first Tuesday after the first Monday in November of 
the years exactly divisible by four. In nearly all of the 
States this is also the day for the election of State officers 
and is known as general election day. As already indi- 
cated, the second Monday in January is now the day on 
which all the Electoral Colleges are required to cast their 
votes. The President of the Senate sends for the missing 
returns on the fourth Monday in January. The certifi- 
cates are opened and the votes are counted on the second 
Wednesday of February. 

The first three Presidents were chosen by the method 
given in the original clause* 

" The Electors shall meet in their respective States, and 
vote by ballot for two persons, of whom one, at least, shall 
not be an inhabitant of the same State with themselves. 
And they shall make a list of all the persons voted for, and 
of the number of votes for each; which list they sign and 
certify, and transmit, sealed, to the seat of the Government 
of the United States, directed to the President of the Senate. 
The President of the Senate shall, in the presence of the 
Senate and House of Representatives, open all the certifi- 
cates, and the votes shall then be counted. The person hav- 
ing the greatest number of votes shall be the President, if 
such number be a majority of the whole number of Electors 
appointed; and if there be more than one who have such 
a majority, and have an equal number of votes, then the 
House of Representatives shall immediately choose, by ballot, 



THE ELECTION OF A PRESIDENT 227 

one of them for President; and if no person have a major- 
ity, then, from the five highest on the list, the said House 
shall, in like manner, choose the President. But in choos- 
ing the President, the votes shall be taken by States, the 
representation from each State having one vote; a quorum 
for this purpose shall consist of a member or members from 
two-thirds of the States, and a majority of all the States 
be necessary to a choice. In every case, after the choice 
of the President, the person having the greatest number 
of votes of the Electors shall be the Vice-President. But if 
there should remain two or more who have equal votes the 
Senate shall choose from them, by ballot, the Vice-President 

According to this clause it will be noted that the Electors 
voted for two persons without stating which was to be President 
and which Vice-President. In the official count the candidate 
receiving the highest number of votes, provided it was a majority 
of the whole number of Electoral votes, became President and 
the one receiving the next highest became Vice-President. 

Accordingly, in the election of 1796, John Adams, who received Election of 
the highest number, 71, out of 132 Electoral votes, was elected 1/96# 
President, and Thomas Jefferson became Vice-President, having 
received 68 votes or the next highest number. Evidently this 
was a weakness in the system of election which had not occurred 
to the makers of the Constitution. By it, the President and 
Vice-President might be of different political parties. 

The election of 1800 showed the plan to be impracticable in Election of 
another way.* The election went to the House of Representa- 1800, 
tives, where, on the thirty-sixth ballot, Mr. Jefferson received 
the votes of ten States out of sixteen and was elected. For 
seven days the House had been in continuous session and the 
country was in such a state of excitement that there was danger 
of civil war. In order to prevent a recurrence of the conditions 
which obtained in 1796 or of the dangers incident to a contest 
like that of 1800. the twelfth Amendment was proposed by Con- 
gress and after ratification was declared in force, September 25, 
1804. This provides, as already seen, that the Electoral votes 
must be cast separately for President and for Vice-President. 

* See American History, p. 237. 



228 THE ELECTION OF A PRESIDENT 



Minority 
Presidents. 



Section 1, 
clause 4. 
Qualifica- 
tions for 
President 
and Vice- 
President. 



Section 1, 
clause 5. 
Vacancies. 



In ten Presidential elections, while the successful candidate 
has received a majority of the Electoral votes, he has failed to 
receive a majority of the popular votes and is known as a minor- 
ity President. Such a condition has happened so frequently 
that suggestions have been made looking toward the abolish- 
ment of the system of Electoral Colleges by amending the Con- 
stitution in such a manner as to provide for election by a direct 
popular vote. 

The qualifications for the two offices are naturally the 
same. 

No person, except a natural-born citizen, or a citizen of 
the United States at the time of the adoption of this Consti- 
tution, shall be eligible to the office of President; neither 
shall any person be eligible to that office who shall not have 
attained to the age of thirty -five years, and been fourteen 
years a resident within the United States. 

Both officials must be natural-born citizens of the 
United States. The exception that a person might be- 
come President who was a citizen of the United States 
at the time of the adoption of the Constitution was emi- 
nently just. At that time there were many notable men, 
among them Alexander Hamilton, who though foreign 
born had rendered efficient services in the winning of in- 
dependence and in the organization of the government. It 
would have been an ungracious act w r ere they excluded 
from any office in the gift of the people. Residence abroad, 
as a minister or other official under the government, does 
not disqualify a person from becoming President. 

The chief reason for creating the office of Vice-Presi- 
dent seems to have been to provide for the emergency 
of a vacancy in the Presidency. 

In case of the removal of the President from office or of 
his death, resignation, or inability to discharge the powers 
and duties of the said office, the same shall devolve on the 
Vice-President, and the Congress may by law provide for 
the case of removal, death, resignation, or inability both of 



THE ELECTION OF A PRESIDENT 229 

the President and Vice-President, declaring what officer 
shall then act as President, and such officer shall act ac- 
cordingly, until the disability be removed, or a President 
shall be elected. 

Bv an act of 1886, Congress provided that the Presi- Presidential 

• . , . i i i i • i p ii • i xi succession 

dential succession should be m the following order: the established 
Secretary of State, the Secretary of the Treasury, the 
Secretary of War, the Attorney-General, the Postmaster- 
General, the Secretary of the Navy, and the Secretary of 
the Interior. When the Secretary of Agriculture was 
made a member of the Cabinet, in 1889, his name was 
added to this list. In case a Cabinet officer becomes 
President, he holds the office for the unexpired term. 

The President shall, at stated times, receive for his ser- Section l, 
vices a compensation, which shall neither be increased nor 
diminished during the period for which he may have been 
elected, and he shall not receive within that period any other 
emolument from the United States or any of them. 

Congress fixed the annual salary of the President at 
$25,000. It remained the same until the year 1873 when 
it was raised to $50,000 and to $75,000 in 1909. The wis- 
dom of fixing his salary so that it may not be increased 
or diminished during his term of office is apparent. 
Otherwise he would become a dependent upon the favor 
of Congress. The custom has been established that no 
President shall receive a gift from any civil body such as 
a city council, a State legislature, or a foreign state. In 
addition to his salary, the President is provided with an 
"executive mansion," the "White House," which is fur- 
nished at the expense of the government. 

The salarv of the Vice-President was fixed at $5,000 in Salary of 

. , the Vice- 

1789. This was changed several times before 1874 when President, 
it was made 88,000 and increased to $12,000 in 1909. 

The maintenance of the Executive branch of the government 
costs less than 8350,000 each year. This includes the salaries of 



230 THE ELECTION OF A PRESIDENT 



Cost of the 
Executive 
branch of 
the govern- 
ment. 



Special 
fund for the 
President. 



the President, of the Vice-President, and of the President's pri- 
vate secretary and clerks; the purchase of furniture, carpets, 
fuel; care of greenhouses and White House grounds; binding and 
printing done by order of the President. The English govern- 
ment votes about $4,000,000 for the annual use of the royal house- 
hold. The Czar of Russia receives $6,500,000 annually in addi- 
tion to revenues derived from 1,000,000 square miles of crown 
domains. The President of France receives $231,600 annually. 
A private fund, known as the " contingent fund, " is provided 
for our President each year by Congress. This varies in amount, 
$25,000 having been appropriated in 1910, may be expended 
as the President dictates, and some of the purposes for which it 
is used doubtless include special entertainments given by the 
President to noted foreign visitors; and the employment of 
officials to carry on some investigation relative to National affairs 
whose salaries have not been otherwise provided for and whose 
negotiations should be secret. 



Inaugura- 
tion Day. 



Section 1, 
clause 7. 



One of the most notable of our civic festivals occurs 
on the fourth of March of each fourth year, when the 
President and the Vice-President are formally invested 
with their offices. Thousands of people go to Washing- 
ton to witness the inaugural exercises. The Constitution 
makes no further provision that than the President take 
the oath of office and enter upon his duties at a prescribed 
time. 

Before he enter on the execution of his office he shall take 
the following oath or affirmation: 

"I do solemnly swear (or affirm) that I will faithfully 
execute the office of President of the United States, and will 
to the best of my ability preserve, protect, and defend the 
Constitution of the United States." 

It has been established by custom that the oath is ad- 
ministered by the Chief Justice of the United States at 
the east front of the Capitol, but the oath might be ad- 
ministered by any other magistrate having the power of 
administering oaths. The Vice-President takes the oath 
of office shortly before in the presence of the Senate of 



THE ELECTION OF A PRESIDENT 231 

the United States. After taking the oath, the President 
gives his inaugural address, which outlines the policy he 
purposes to carry out in the execution of his duties. 

Supplementary Questions and References 

1. For some of the problems connected with the Electoral 
Colleges in the history of elections, see Rev. of R's, 23 : 66-69. 

2. What is the method used in counting the Electoral votes ? 
Edmund Alton, Among the Law Makers, 88-89. 

3. Do you agree with Mr. Bryce that the tendency is to select 
men for President who have not been prominent ? Bryce, Ameri- 
can Commonwealth, I, chapter 8. 

4. Was the present President notable before his election ? In 
what ways ? 

5. What were the chief causes for the success of his party ? 

6. How many Electoral votes were required for election ? He 
received how many ? Did he receive a majority of the popular 
votes ? 

7. How many Electors were there from your State? For 
whom did they vote ? How is this majority in your State to be 
accounted for? Election of 1908, Rev. of R's, 39 : 34. 

8. Would successful governors make good candidates for 
President? In what particulars do the offices resemble each 
other? Would you favor making the governor of your State 
President? Wilson, Congressional Government, 253, 254. 

9. Under what conditions did Aaron Burr become Vice-Presi- 
dent? Harrison, This Country of Ours, 82; Walker, The Mak- 
ing of the Nation, 185; Hart, Formation of the Union, 173. 

10. Why was the election of John Quincy Adams of especial 
interest? What results followed? American History, p. 290; 
Burgess, The Middle Period, 140-141; Wilson, Division and 
Reunion, 18. 

11. State the chief points connected with the "disputed elec- 
tion" of 1876. American History, p. 448; Wilson, Division and 
Reunion, 283-286; Johnston, American Politics, 233-237. 

12. What is the meaning and significance of "amendment by 
usage"? Can you give other examples of amendment in this 



232 THE ELECTION OF A PRESIDENT 

way? Bryce, American Commonwealth, I, chapter 34; Wilson, 
Congressional Government, 250. 

13. Why was the "defence fund" of $50,000,000 necessary? 
Forum, 25 : 267-275. 

14. Interesting accounts of inaugural incidents and person- 
ages: 

a. Inauguration Scenes and Incidents, Cent. Mag., 35 : 

733-740. 

b. Davis, The Inauguration, Harper's Mag., 95 : 337-355. 

c. Inauguration Events of 1901, Rev. of R's, 23 : 405-406. 

15. The "White House," Indept, 55 : 2497-2507. 



CHAPTER XXIV 
POWERS AND DUTIES OF THE PRESIDENT 

"Unity of plan, activity, and decision are indispensable story, On 
co success; and these can scarcely exist, except when a stitution, 
single magistrate is intrusted exclusively with the power." 
This is especially true in military affairs, hence the pro- 
vision : 

The President shall be commander-in-chief of the army Article n, 
and navy of the United States, and of the militia of the clause i.' 

in 7 77 7 • 7 7 • j. 7 ThePresi- 

several States when called into the actual service of the dent com- 

TT . 7r , 7 . 7 ... .. . mander-in- 

U fitted States; he may require the opinion, in writing, of chief. 
the principal officer in each of the executive departments, 
upon any subject relating to the duties of their respective 
offices, and he shall have power to grant reprieves and par- 
dons for ofences against the United States, except in cases 
of impeachment. 

Fears were expressed in the State conventions when 
considering the ratification of the Constitution lest the 
President might, under this provision, take charge of the 
army and navy in person, and as a dictator endanger the 
liberties of the Nation. 

The monarch of Great Britain is commander-in-chief of the Military 
army and navy and militia; he has power to declare war, and in ot^. 1 ^ 
time of war can raise armies and navies and call out the militia, rulers. 
Parliament may check his action only by the refusal to vote 
supplies. The Emperor of Germany must obtain the consent of 
the Bundesrath, or upper house, before he may declare offensive 
war. The President of France may not declare war without the 
advice of the Chambers. 

The temporary suspension of the execution of a sen- Reprievea. 
tence is called a reprieve. By means of a reprieve, the 

233 



234 POWERS OF THE PRESIDENT 

President may gain time to look into the evidence more 
carefully in order to ascertain whether there is good reason 
for granting the requested pardon. 

Complete release from a sentence is secured by a par- 
don. The power to pardon also carries with it the right 
of commuting the sentence. By this, a decree calling for 
imprisonment for life may be reduced to a fixed term of 
years, or a death penalty may be mitigated to imprison- 
ment for life, etc.* 
Section 2, He shall have power, by and with the advice and consent 
Treaties'. of the Senate, to make treaties, provided two-thirds of the 
Senators present concur. 

While the power to conclude treaties seems to be with- 
out restriction, it is implied that no treaty shall in any 
way interfere with the authority of the Constitution. The 
usual steps in the negotiation of treaties are as follows: 
(1) In time of peace they are conducted at the capital of 
the nation that begins the negotiation. If this is in Wash- 
ington, the terms are considered by the Secretary of State 
and the minister of the other nation. If in a foreign capi- 
tal, our minister acts under instructions sent him by the 
Secretary of State. (2) At times one or more special min- 
isters are sent abroad for the purpose of negotiating for a 
treaty. (3) The treaty of peace at the close of a war is 
usually negotiated in some neutral country by special 
commissioners appointed by the belligerent nations. 

In all cases, the President exercises general control over 
the negotiation and framing of treaties. After an agree- 
ment has been reached, the treaty is sent to the Senate. 
It is discussed in Executive Session, in which all matters 
pertaining to it are kept secret until a resolution of the 

* President Harrison considered, during his term, 779 pardon cases, not 
including reprieves. Of these 527 were granted in whole or in part. 
President Cleveland acted on 907 such cases and granted 506 in whole or 
in part. 



POWERS OF THE PRESIDENT 235 

Senate removes the decree of secrecy. The Senate may 
approve, reject, or modify the terms. If amendments are 
made, they must be agreed to by the President and the 
other nation interested. When a treaty has been finally 
approved by the officials of both countries, duplicate copies 
of it are made in parchment. Both of these copies are 
signed by the chief officers of each country and the copies 
are then exchanged. This is called the " exchange of 
ratification." An official copy of the treaty is thus secured 
by each nation. The President then publishes the treaty, 
accompanied by a proclamation, in which it is declared 
to be a part of the law of the land. 

He shall nominate, and by and with the advice and con- section 2, 
sent of the Senate, shall appoint Ambassadors, other public Executive 
ministers and Consuls, Judges of the Supreme Court, and appoint- 
ed/ other officers of the United States, whose appointments ment ' 
are not herein otherwise provided for, and which shall be 
established by law; but the Congress may by law vest the 
appointment of such inferior officers, as they think proper, 
in the President alone, in the courts of law, or in the heads 
of departments. 

The President shall have power to fill up all vacancies that section 2, 
may happen during the recess of the Senate, by granting 
commissions which shall expire at the end of their next 
session. 

The methods of making appointments may be classified as 
follows: 

(1) By the President with the consent of the Senate. In ad- 
dition to the Ambassadors, other public ministers and Consuls 
and Judges of the Supreme Court who secure their offices in this 
way, there are a large number of other officers whose positions 
have been established by law who are appointed in the same 
manner. Among the most important of these officers are the 
heads of the executive departments, Treasurer of the United 
States, Internal Revenue, Inter-State Commerce Commission, 
Comptroller of the Currency, Superintendents of Mints, Com- 



236 



POWERS OF THE PRESIDENT 



Action of 
the Senate 
on nomina- 
tions. 



missioner of Patents, Commissioner of Pensions, Pension Agents, 
Collectors of Customs and Internal Revenue, Land Agents, Indian 
Agents, District Attorneys, Marshals, Territorial Governors, 
Postmasters whose salaries are $1,000 and over, and all Military 
and Naval Officers, unless otherwise ordered by law. 

(2) The President alone has the power of appointing the clerks 
in his office. 

(3) The Judges appoint the officers of their own courts. 

(4) The heads of the departments appoint their subordinates 
with the exception of some of the principal ones, whose appoint- 
ment is secured through nomination by the President and con- 
firmation by the Senate. 

All of the nominations sent by the President to the Senate 
are submitted to appropriate committees, as Postmasters to 
the Post-Office Committee, Ambassadors to the Committee on 
Foreign Affairs. The report of the committee is considered in 
executive or secret session and the nomination is then voted on. 
If the vote is adverse, the President must make another nomi- 
nation. 



Official 
patronage. 



In making his appointments, the President is largely 
dependent upon the advice of the head of that depart- 
ment under whose direction the officer will come, or upon 
the recommendation of the Representatives and Senators 
of his party from the State in which the office is located. 
This power of official patronage through which political 
assistants in a State may be rewarded with a Federal 
office has become so burdensome that many Congress- 
men complain of it and express the desire to be freed from 
its exactions. 



Senatorial 
Courtesy. 



There has grown up an almost invariable custom, known as 
Senatorial Courtesy. By it, no appointment can be confirmed un- 
less it meets the sanction of one or both of the Senators of the 
State in which the office is located, provided they are members of 
the party then in control of the Senate. 



Removal 
from office. 



During the first forty years of our government, the views 
of the founders with regard to appointment and removal 
from the civil service were generally upheld. It was evi- 



POWERS OF THE PRESIDENT 



237 



dently their intention that postmasters, collectors of the 
revenues, and officials of this nature were to be regarded 
as clerks or agents appointed to assist in carrying on 
the government. It was believed that these non-political 
offices should be filled without regard to any personal 
or political favor and that an officer might retain his posi- 
tion so long as he rendered faithful and efficient service. 
The rule advocated by Madison that the President might 
remove officials without the consent of the Senate was 
acknowledged by Congress. Under its operation, the 
entire number of removals from office between Washing- 
ton's first administration and that of Jackson was only 
seventy-four, and five of the officers removed were de- 
feulters. 

It was during this period that William Henry Craw- 
ford, Secretary of the Treasury, hoping to pave the way 
for his nomination as a Presidential candidate, secured the 
passage in 1820 of the "four year tenure act" by which 
most of the officials of the National government who col- 
lected and paid out public money were to have their terms 
of office limited to four years. Thus was made possible the 
dangerous political device, known as "rotation in office." 
Webster, Clay, Calhoun and other statesmen spoke of the 
evils growing out of such a law, but it is still in force. 

The "Spoils System," by which appointive offices are 
to be regarded as bribes or rewards for partisan services, 
was in use in Pennsylvania as early as 1790, and was in- 
troduced into New York by 1800,* but did it not become a 
permanent feature of our government until Jackson be- 
came President. The Whigs denounced this abuse of the 
civil service on the part of their opponents, and promised, 
if elected, to make the needed reforms. But the pressure 
upon them was too great, for no sooner were they given 
power by the election of 1840 than the sacrifice of Demo- 

* Jackson and the Spoils System. See American History, 306. 



Rotation in 
office. 



Fourteenth 
Report 
United 
States 
Civil 
Service 
Com- 
mission, 
1896-97, 
36. 



The Spoils 
System. 



238 POWERS OF THE PRESIDENT 

cratic office-holders began. From this time down to 1883, 
whenever there was a change of administration, and espe- 
cially when this meant the victory of a different political 
party, a " clean sweep" of the offices was thought to be 
necessary. 

The evils of the system were indicated in the reports of 
special committees appointed by the different Congresses 
and numerous efforts at reform were made.* 
The Finally, January 16, 1883, Congress passed the " Civil 

Bill. Service Law," which in general still governs the Federal 

service. This act established the United States Civil 
Service Commission, which was to be composed of three 
members, not more than two of whom should belong to 
the same political party. Other provisions of the act and 
the rules for carrying it out are: That there shall be 
open, competitive examinations for testing the fitness of 
the applicants for the public service in the departments at 
Washington, and in the custom-houses and post-offices 
where at least fifty officials are employed; that when a 
vacancy exists in any office in either of these classes it shall 
be filled from the three applicants graded highest in the 
list of those who have passed the competitive examination ; 
that the final appointment shall not be made until after a 
trial of six months in the office. The law does not extend 
to positions outside the Executive branch of government, 
to positions for which appointment is made by the Presi- 
dent with the consent of the Senate, or to places of un- 
skilled labor. The President is given the power to direct 
the further extension of the "classified service," or posi- 
tions which are to be filled by persons who have taken the 
examinations, f 

The number of offices originally included under the act 
was about 14,000. The classified offices reported June 

* See American History, pp. 445, 446, 462. 
t See American History, p. 495. 



H 



POWERS OF THE PRESIDENT 



239 



30, 1910, numbered 235,000, and those which were unclas- 
sified or excepted 133,000. Some 75,000 of the unclassi- 
fied offices were fourth-class post-offices in which a salary 
of less than $1,000 is paid. 

The ordinary civil service examinations are held twice 
each year at such places throughout the country as are 
designated by the Commission. Much has been accom- 
plished since the law went into effect, but it is to be hoped 
that the system will at an early date be extended to the 
offices still unclassified,* and that the effective reform 
work already done in some of our States and cities f will 
become general throughout the country. Two other pro- 
visions of the act have also brought about a vast improve- 
ment in our civil service. One of these provides that offi- 
cial authority and influence shall not be used to coerce the 
political action of any citizen; and the other, that no per- 
son in the public service is under obligation to contribute to 
any political fund or to render any political service. 

The President may remove an officer during the session Rule for 
of the Senate by nominating, and by and with the advice 
and consent of the Senate, appointing his successor. If 
the removal is made during the recess of Congress, the 
newly appointed officer receives his commission and enters 
upon his duties at once. If, when the Senate convenes, it civil 
refuses to confirm the appointment, the President makes commission 
another nomination. A most important order was issued 1896-97, 
July 27, 1897, which provides that "No removal shall be 
made from any position subject to competitive examina- 



* During the years 1901-1902 there were included in the competitive 
system by order of President Roosevelt the rural free delivery service, 
permanent employees of the Census Office, and those additional em- 
ployees necessary because of the war with Spain. In 1908 he extended 
the application of the merit rule so as to include 15.000 fourth-class post- 
masters. President Taft, in 1909, placed under the classified service, assist- 
ant postmasters in first- and second-class offices and all of their clerks, 
t See pp. 3n-3l. 



240 



POWERS OF THE PRESIDENT 



Vacancies. 



Article II, 
section 3. 
Duties of 
the 
President. 



Enforce- 
ment of the 
laws. 



tion except for just cause and upon written charges filed 
with the head of the department or other appointing 
officer, and of which the accused shall have full notice and 
an opportunity to make defence." An act of 1866, still 
in force, provides that "No officer in the military or naval 
service shall, in time of peace, be dismissed from service 
except upon, or in pursuance of, the sentence of court- 
martial, to that effect or in commutation thereof." 

When an office becomes vacant during the recess of the 
Senate, the President appoints as in the case of removal 
during the recess. If the Senate fails to act on the nomi- 
nation before the adjournment, the President must then 
issue a new commission to the same or another person. 

He shall, from time to time, give to the Congress informa- 
tion of the state of the Union, and recommend to their 
consideration such measures as he shall judge necessary 
and expedient; he may, on extraordinary occasions, convene 
both Houses, or either of them, and in case of disagree- 
ment between them, with respect of the time of adjournment, 
he may adjourn them to such time as he shall think proper; 
he shall receive Ambassadors and other public ministers; 
he shall take care that the laws be faithfully executed, and 
shall commission all the officers of the United States. 

The most important duty of the President is to see 
that all laws passed by Congress are faithfully executed. 
Laws are useless unless they are enforced, and it is-chiefly 
for the performance of this task that the Executive was 
originally created. It is not contemplated that this duty 
shall be performed by him in person, but through officials 
who are directly responsible to him. The United States 
marshals and their deputies exercise a wide influence 
in seeing that the laws are enforced. They usually act 
under an order from a United States court, but may, at 
times, act without such a writ. If necessary, the President 
may send the army and navy of the United States and 



POWERS OF THE PRESIDENT 241 

call out the militia of the States to overcome any resist- 
ance to Federal law. 

By means of the annual message sent to Congress at the Presidea- 
opening of the session, and special messages on particular messages. 
occasions, the President is enabled to call attention to the 
legislative needs of the country. The plan of having a 
message read in each House by the clerk or secretary was 
introduced by President Jefferson. Presidents Washing- 
ton and Adams addressed, in person, Congress assembled 
in joint session. Various reasons have been alleged for 
this change. It is said that President Jefferson was a poor 
speaker, and that he regarded the formal address as mon- 
archical. 

The power of calling Congress together on extraordi- Special 
nary occasions has been exercised by a number of Presi- 
dents. The House of Representatives has never been 
called in special session alone. It has become the custom 
for the outgoing President to call the Senate in special 
session to act on the nominations of the Cabinet and other 
officials to be appointed by his successor immediately fol- 
lowing the inauguration. 

The act of receiving a minister from a foreign state is The 

President 

equivalent to the acknowledgment of that state as an andforeign 
independent nation. A minister may be rejected or dis- 
missed because he is personally objectionable; because 
there is no desire to recognize his state as sovereign; or 
for the reason that unfriendly relations exist between the 
two nations. Should the executive of one nation send to 
the minister of another nation, during a period of strained 
relations, that minister's official papers, it would be re- 
garded as equivalent to a declaration of war. 



242 POWERS OF THE PRESIDENT 

Supplementary Questions and References. 

1. What have been some of the most important treaties entered 
into on the part of the United States? 

2. For the treaty made at the close of the Spanish-American 
War, see Rev. of R's, 18 : 258, 371, 515, 631; 19 : 11, 261, 262, 
266, 267. 

3. In what ways may a treaty be abrogated? Harrison, 
This Country of Ours, 140, 141. 

4. May a President have many of the privileges of private life ? 

a. The President at Home, Harper's Mag., 89 : 196-203. 

b. Harrison, This Country of Ours, 177-180. 

5. What are some of the official cares of the President? 

a. Our Fellow Citizen of the White House, Cen. Mag., 

53 : 645-664. 

b. Harrison, This Country of Ours, 162-177. 

6. Secure a copy of the last report of the Civil Service Com- 
mission and also Manual of Examinations for the Classified Ser- 
vice of the United States, Address, Civil Service Commission, 
Washington, D. C. 

a. How many persons are included in the civil service of the 

United States? 

b. What proportion of them are included in the classified 

service ? 

c. Does the Law of 1883 seem to have brought about satis- 

factory results ? 

d. What offices have been included in the extensions of the 

Civil Service Law? 

e. What is the nature of the questions given in the examina- 

tions? 

7. The Fifteenth Annual Report of the Commission (pp. 443- 
485) contains an account of the appointments and removals by 
the various Presidents from 1789 to 1883. Also an account of 
the growth of civil service reform in the States and cities of the 
United States, pp. 489-502. 

8. May a man be fitted for political preferment and not be 
competent to pass an adequate examination? Atl. Mo., 65 : 
443, 444. 



POWERS OF THE PRESIDENT 243 

9. For other articles on civil service reform see: a. The 
Civil Service as a Career, Forum, 20 : 120-128. b. Lyman J. 
Gage, The Civil Service and the Merit System, Forum, 27 : 705- 
712. c. Some Popular Objections to Civil Service Reform, Atl. 
Mo., 65 : 433-444; 671-678. d. "The Victor and The Spoils," 
Outlook, 93 : 850-851 . e. " Civil Service Under President Roose- 
velt," Rev. of R's, 31 : 317-324. /. "Twenty-five Years of Civil 
Service Reform," Outlook, 84 : 799. g. Roosevelt, Present Status 
of Civil Service Reform, Atl. Mo., 75 : 239-246. h. The Purpose 
of Civil Service Reform, Forum, 30 : 608-619. 

10. What was the Tenure of Office Act of 1867? Why did it 
become of great importance ? Is it still in force ? Wilson, Divi- 
sion and Reunion, 267, 270-271, 297. Harrison, This Country 
of Ours, 101-103. 

11. What were the chief points discussed in the President's 
last annual message ? 



CHAPTER XXV 

THE CABINET AND THE EXECUTIVE DEPARTMENTS 

The The President's Cabinet comprises the Secretary of 

State, Secretary of the Treasury, Secretary of War, 
Attorney-General, Postmaster-General, Secretary of the 
Navy, Secretary of the Interior, Secretary of Agriculture, 
and Secretary of Commerce and Labor. These consti- 
tute the chief officials in the nine executive departments 
of our government. It was taken for granted that such 
departments would be formed, for the Constitution de- 
clares the President may require the opinions in writing 
of the heads of the executive departments, and again, that 
Congress may vest the appointment of certain inferior 
officers in the heads of these departments. But there was 
no thought in the Constitutional Convention of creating 
an institution whose members should meet regularly with 
the President and consult on matters outside of their own 
departments. The Cabinet, as a body, has no legal posi- 
tion as a part of the government. The different depart- 
ments have been created by acts of Congress and their 
duties are defined by law. The President is not obliged 
to take the advice of his Cabinet, although their views 
usually have weight with him. No official record is kept 
of the meetings.* 

* The following is taken from a conversation with President Hayes, 
reported by C. E. Stevens in his Sources of the Constitution of the United 
States, pp. 167-168. President Hayes said that he and other Presidents 
had occasionally acted independently of Cabinet advice; that the custom 
of the past had varied; and that some Presidents had been more in- 
fluenced by their Cabinets than others. He said that President Bu- 
chanan was much worried by his Cabinet because not strong enough to 

244 



THE CABINET 



245 



In 1789 the first Congress created the Departments of State, 
War, and the Treasury, also the office of Attorney-General. 
President Washington's Cabinet consisted of the officials whom 
he appointed to fill these four positions. The Navy Depart- 
ment was added in 1798. Prior to this time naval affairs 
had been under control of the War Department. While a Post- 
Office Department was established in 1794, the Postmaster- 
General was not made a member of the Cabinet until 1829. In 
1849, the Interior Department was created by grouping under it 
certain duties which had belonged to other departments. The 
Department of Agriculture was organized in 1862, and to it were 
assigned the duties appertaining to the agricultural interests of 
the country which had been performed through the State De- 
partment. It was not made a Cabinet position until 1889. 

In 1903, the Department of Commerce and Labor was author- 
ized by an act of Congress. It has been advocated and it would 
seem desirable that a Department of Education should be 
formed. 

Members of the Cabinet receive an annual salary of 
$ 12,000.* The departments furnish an example of a 
splendidly organized system. That the business of each 
department may be more easily done, it is distributed 
among bureaus. The bureaus are again divided into 
divisions, and the divisions into rooms where the large 
number of clerks are to be found. At the head of each 
bureau is a commissioner, and of each division a chief. 
To complete the satisfactory working of the system, each 
olerk is made responsible to his chief of division; this 
chief, to his commissioner; and he, in turn, to the secre- 
tary, who is responsible to the President and to Congress. 



Formation 
of the de- 
partments. 



Salaries 
and general 
organiza- 
tion of the 
depart- 
ments. 



insist on his own will, but that President Lincoln had decided on his 
Emancipation Proclamation without consulting his Cabinet, and read it 
over to them merely for suggestion and amendment. On two occasions, 
he (President Hayes) decided and carried out matters against the wishes 
of the secretary of a department affected. 

* Mr. Knox receives 88,000 owing to the fact that he was in the Senate 
when the increase in salary was made. See art. I, section 6, clause 2. 
Congress voted, in order to allow his appointment, that his salary was to 
be $8,000. 



246 THE CABINET 



The Department of State 

Secretary The Secretary of State is commonly called the head 
of the Cabinet. He is first in rank at the Cabinet table, and 
occupies the seat of dignity at the right of the President. 
Under the direction of the President, he conducts all 
negotiations relating to the foreign affairs of the Nation; 
carries on the correspondence with our representatives in 
other countries; and receives the representatives of foreign 
powers accredited to the United States, and presents them 
to the President. Through him, the President communi- 
cates with the Executives of the different States. He has 
charge of the treaties made with foreign powers, and nego- 
tiates new ones. He also has in his keeping the laws of 
the United States, and the great seal which he affixes to 
all Executive proclamations, commissions, and other official 
papers. He publishes the laws and resolutions of Con- 
gress, and issues and records passports. The Secretary 
of State has three assistant secretaries. There are seven 
bureaus in the department: Diplomatic, Consular, In- 
dexes and Archives, Accounts, Trade Relations, Rolls 
and Library, Appointments and Citizenship. 

Diplomatic The United States, in common with other nations, sends repre- 
Bureau. sentatives to the foreign capitals. They are the agents through 
whom the Secretary of State communicates and negotiates with 
other powers. Such affairs are conducted through the Diplo- 
matic Bureau. Our representatives at the courts of England, 
France, Germany, Russia, Italy, Austria, Mexico, Brazil, Japan, 
and Turkey are known as Ambassadors.* They receive a salary of 
$17,500 each. The social demands made upon our Ambassadors 
are great and they are also obliged to provide for their places of 
residence. The salaries paid are not sufficient to meet these 
necessary expenses and are small in comparison with those paid 

* In 1893, Congress provided that our representative to a foreign coun- 
try was to have the same rank as the representative of that country sent 
to the United States. 



THE CABINET 247 

by the European nations to officers of the same rank. Thus, the 
English Ambassador at Washington receives a salary of $32,500. 
Besides the English, the Germans, the Japanese, and some other 
nations have provided houses for their legations. Besides Am- 
bassadors, the other diplomatic representatives are (1) minis- 
ters plenipotentiary, envoys extraordinary, and special commis- 
sioners; (2) ministers resident, and (3) charges d'affaires. 

A Consul is sent by the United States to each of the Consular 
chief cities in the consular districts into which foreign 
countries are divided by our State Department. These 
Consuls, of which there are three grades, Consuls-Gen- 
eral, Consuls, and Consular Agents, look after the com- 
mercial interests of the United States in those districts. 
They care for destitute American sailors and protect the 
interests of our citizens in foreign countries. In some of 
the non-Christian nations, such as China and Turkey, 
the Consuls also have jurisdiction over all criminal cases 
in which any American citizen may be a party. The im- 
portance of such a service to the country is self-evident. 
The appointment of these officials was formerly secured 
under party pressure. According to the rule adopted in 
1906, all vacancies in the Consular service are hereafter 
to be filled by promotion for ability and efficiency in the 
service or by the appointment of those who have passed 
the civil service examination. 

The Department of the Treasury 

The Department of the Treasury is the most extensive Secretary 
and complex of the Executive Departments. In general, Treasury, 
the Secretary of the Treasury has charge of the finances of 
the nation. He is required to prepare plans for the crea- 
tion and improvement of the revenues and the public 
credit and to superintend the collection of the revenue. 
He gives orders for all moneys drawn from the Treasury 
in accordance with appropriations made by Congress, and 



248 



THE CABINET 



The six 
auditors. 



The 
Treasurer. 



The 

Bureau of 
Engraving 
and 
Printing. 



submits an annual report to Congress which contains an 
estimate of the probable receipts and expenditures of the 
government. 

It is very important that the accounts of the govern- 
ment should be carefully scrutinized, and one of the six 
auditors connected with the Treasury Department must 
pass upon the accounts of every public officer who pays 
out money. Thus the auditor for the Treasury Depart- 
ment examines all accounts of salaries and incidental 
expenses of the office of the Secretary of the Treasury 
and all other offices under his immediate direction, such 
as the Treasurer and the Assistant Treasurers, Direc- 
tors of the Mint and Assay Offices. There are also 
auditors for the War, Interior, Navy and Post-office 
Departments and one for the State (and other Depart- 
ments). 

All of the money of the United States is under the care 
of the Treasurer. He receives and pays it out upon the 
warrant of the Secretary of the Treasury or a designated 
assistant, redeems the notes of the National banks, and 
manages the Independent Treasury System. This system 
renders the Treasury Department practically independent 
of the banks of the country. It includes the Treasury at 
Washington and sub-treasuries, each in charge of an As- 
sistant Treasurer, at Boston, New York, Philadelphia, 
Baltimore, Cincinnati, Chicago, St. Louis, New Orleans, 
and San Francisco. While the greater part of the money 
belonging to the government is found in these places, 
about 200 National banks have also been designated as 
public depositories. 

The Bureau of Engraving and Printing is one of the 
largest in the Department and employs about 1,600 peo- 
ple. It has been said that the products of this bureau, 
in the course of a single year, represent a sum equal in 
value to all the money in circulation in the United States; 



THE CABINET 249 

for here the engraving of the plates and the printing of all 
the United States circulating notes, bonds, revenue stamps, 
and postage stamps is done. 

The duties of the Comptroller of the Currency and 
Commissioner of Internal Revenue are discussed on pages 
166 and 187. 

The Life Saving Service, under a General Superintend- The Life 
ent, is one of the most important branches of the Treas- sendee. 
ury Department. More than 2,000 men are employed in 
the 273 stations, located generally at danger points on the 
oceans and the great lakes. Out of the 6,000 lives imper- 
illed in the year 1910 in the disasters on water, only 53 
were lost. Of the 1,463 vessels of all kinds in peril, 1,407, 
with cargoes valued at over $10,000,000, were rendered 
assistance by the life-savers. This service is maintained 
at an annual expenditure of a little over $2,000,000. 
It has been estimated that 225,000 lives have been saved 
through this service since it was founded in 1848. 

The Supervising Surgeon-General superintends the Supervis- 
twenty-two marine hospitals where our sick sailors are Surgeon- 
cared for; conducts the quarantine service of the United 
States; and directs the laboratories for the investigation 
of- the causes of contagious diseases. 

The Supervising Architect prepares the plans for gov- Supervis- 
ernment buildings and superintends their construction. Architect. 

Military and Naval Affairs 

The President has never assumed command of the army 
in person, but has delegated his authority to officers 
whom he selects. The Secretary of War and Secretary of 
the Navy exercise this authority during the time of war. 
They, in turn, select other officers to assist them. The 
orders given by the President to any officer are strictly 
imperative. 



250 



THE CABINET 



Secretary 
of War. 



Commis- 

siary- 

General. 



Chief of 
Ordnance. 



Corps of 
Engineers. 



Chief 

Signal 

Officer. 



The Secretary of War has charge of the military affairs 
of the government under the direction of the President. 
He supervises all estimates of appropriations for the ex- 
penses of the department, for the purchase of all sup- 
plies for the army, and for its transportation. He has 
under his supervision the military academy at West Point; 
and all the National cemeteries. He has the oversight also 
of river and harbor improvements; and of the prevention 
of obstruction to navigation. All chiefs of the eleven 
bureaus are regular army officers. 

Food is supplied the army by order of the Commis- 
sary-General, and medicine by order of the Surgeon-Gen- 
eral; and arms are supplied by the Chief of Ordnance. 
The arms used are manufactured chiefly in the United 
States arsenals, which are under the control of the War 
Department. The arsenals at Springfield, Massachu- 
setts, and Rock Island, Illinois, manufacture rifles and 
carbines; and that at West Troy, New York, cannon and 
mortars. 

The Corps of Engineers is in charge of the Chief of 
Engineers. The duties of these officials are to locate and 
construct fortifications, military bridges, and light-houses; 
and to carry on the work of the government for the im- 
provement of harbors and navigable rivers. 

The Chief Signal Officer supervises all military signal- 
ling, such as communicating messages from distant points 
by the use of flags, the heliograph, flashlights, and similar 
devices. He is also charged with the supervision of the 
construction and operation of all military telegraph lines. 



The United 
States 
military 
academy. 



The United States military academy at West Point was founded 
in 1802. The corps of cadets is made up of one cadet from each 
of the Congressional districts, one from each of the Territories 
and the District of Columbia, and one hundred from the United 
States at large. Prior to the year 1900 there were only ten 
cadets at large. The act of that year also provided that thirty 



THE CABINET 251 

cadets were to be named by the President directly, and the re- 
mainder apportioned among the States. They all receive their 
appointments from the President, but it has become the cus- 
tom for the Representatives and Delegates to select those from 
the Congressional districts and the Territories. An appointment 
may be made after a competitive examination, which is the 
usual way, or without such a test, according to the wishes of 
the Representative. The cadet must be between seventeen and 
twenty-two years of age. Each receives $540 a year during 
the four years of his course. The course of study has for the 
principal subjects: mathematics, French, Spanish, drawing, tac- 
tics, physics, chemistry, geology, history, international and con- 
stitutional law, civil and military engineering, and the science 
of war. Upon graduation, the cadets are commissioned as second 
lieutenants in the United States army. In case there are more 
graduates than vacancies, those in excess are honorably dis- 
charged with the payment of one year's salary. 



The Department of the Navy 
The duties of the Secretary of the Navy pertain to the Secretary 

, ,. . . ■ • i , of the 

construction, manning, arming, equipping, and employ- Navy. 
ment of war-vessels. The work is distributed among the 
following bureaus: navigation, yards and docks, equip- 
ment, ordnance, construction and repair, steam engineer- 
ing, medicine and surgery, supplies and accounts. The 
chiefs of these bureaus are officers of the United States 
navy. 

The naval observatory at Washington is under the direction The United 
of the Secretary of the Navy; also the naval academy at An- ^avaF 
napolis, established in 1846. One cadet is allowed in the naval academy, 
academy for each member or delegate of the House of Representa- 
tives, one for the District of Columbia, and ten at large. Candi- 
dates for admission, at the time of their examination, must be 
between the ages of fifteen and twenty years. The nomination 
of a candidate to fill a vacancy is made upon recommendation of 
a Representative or Delegate, if made before July 1 ; but if no 
recommendation be made by that time, the Secretary of the 
Navy fills the vacancy by appointing an actual resident of the 



252 THE CABINET 

district in which the vacancy exists. The President selects the 
candidates at large and the cadet for the District of Columbia. 
At the conclusion of the six years' course, two of which are spent 
at sea, the graduates are assigned in order of merit to the va- 
cancies that may have occurred in the lower grades of the line 
of the navy and of the marine corps. Cadets who are not as- 
signed to service after graduation are honorably discharged and 
are given $500, the amount they have received each year of their 
course at the academy. 

The Department of Justice 

Attorney- The Attorney-General is the legal adviser of the Presi- 
dent and of the heads of the departments. He supervises 
the work of all the United States District Attorneys and 
Marshals, and is assisted by the Solicitor-General. Unless 
otherwise directed, all cases before the Supreme Court and 
the Court of Claims in which the United States is a party 
are argued by the Attorney-General and the Solicitor- 
General. The law officers of the various departments are 
also under the direction and control of the Attorney- 
General. 

The Post-Office Department 

Postmas- The Postmaster-General is at the head of this depart- 

ment. He appoints all of the officers of the depart- 
ment, with the exception of the four Assistant Postmasters- 
General and 6,900 Postmasters, whose salaries are not 
less than $1,000 and whose appointments are made by 
the President with the consent of the Senate. The Post- 
master-General may, with the consent of the President, let 
contracts and make postal treaties with foreign govern- 
ments. 

Universal Since 1891, the United States has been a member of the Uni- 

Unkm versal Postal Union. By this Union over fifty distinct powers 

became parties to an agreement by which uniform rates of post- 



THE CABINET 253 

age were agreed upon and every facility for carrying mails in 
each country was extended to all the others. 

There are four bureaus in the department, each in charge Bureaus of 
of an Assistant Postmaster-General. The appointment of Office De- 
postmasters; general management of the post-offices with 
their clerks and carriers is under the direction of the first 
Assistant. The second Assistant looks after the transpor- 
tation of the mails; the third Assistant furnishes stamps 
and has charge of the finances; while the fourth Assistant 
among other duties superintends the divisions of rural de- 
livery and dead letters. 

The Department of the Interior 

The Interior Department, under the supervision of the The 
Secretary of the Interior, is one of the most complex and of the 
important of the departments. There are two Assistant 
Secretaries in the department, while at the head of the 
other offices are six Commissioners and two Directors. 

The Commissioner of the General Land Office has Commis- 
charge of all the public lands of the government, and the General 
supervises the surveys, sales, and issuing of titles to this Office, 
property. (See p. 283.) 

The Commissioner of Education is the chief of the commis- 
Bureau of Education. This bureau has charge of the Education, 
collection of facts and statistics relating to the educa- 
tional systems and to progress along educational lines in 
the several States and Territories, and also in foreign 
countries. The reports issued by the bureau are of great 
value to those interested in education. The Commis- 
sioner has advisory power only, except in Alaska. Here, 
he directs the management of the schools. 

The Commissioner of Pensions supervises the examina- Commis- 
tion and adjustment of all claims arising under the laws Pennons, 
of Congress granting bounty land or pensions on account 



254 



THE CABINET 



Commis- 
sioner of 
Indian 
Affairs. 



of services in the army or navy during the time of war. 
That our government has not been ungrateful may be 
gathered from the report of the Commissioner for 1908, 
There were in that year 1,000,000 pensioners, to whom 
were paid approximately $155,000,000. 

Prior to 1871 the Indian tribes were treated as inde- 
pendent nations by the United States, but by a law of 
that year the general government was made the guardian 
of their interests. The Commissioner of Indian Affairs 
exercises a protecting care over these "wards" by direct- 
ing the work of the Indian agents and of the superin- 
tendents of Indian schools. 



Indian 
reserva- 
tions. 



There are some 300,000 Indians on the 150 reservations which 
are situated in the various States and Territories. The lands of 
these reservations are held in common; that is, the ownership 
is tribal rather than individual. It is the policy of the govern- 
ment, however, to bring about the allotment of lands "in sev- 
eralty," and thus to encourage the Indians to adopt an agricul- 
tural life. The Indians are only partially self-supporting. Some 
tribes derive an income from funds which are the proceeds de- 
rived from the sales and cessions of their lands. The National 
government holds this money in trust for them, and, by direct 
appropriation, supplies the money, food, and clothing necessary 
to complete their support. The expenditures for the needs of 
the Indians in 1902 were $9,736,186. Over one-fourth of this 
sum was spent in their education in Indian schools, numbering 
nearly 300, which are under the direct control of the department. 



Director of 
the 

Geological 
Survey. 



The Director of the Geological Survey has gathered 
much valuable information through the examination of 
the geological structure, mineral resources, and mineral 
products of the United States. He has charge, also, of 
the survey of the forest reserves. 



THE CABINET 255 



The Department of Agriculture 

The duties of the Secretary of Agriculture are: "To Secretary 
acquire and diffuse among the people of the United States Agriculture 
useful information on subjects connected with agriculture 
in the most comprehensive sense of that word." The 
activities of the department are along many lines, as indi- 
cated by the names of the bureaus and divisions. 

One of its most important services is performed in the Bureau of 
Bureau of Animal Industry, which inspects the greater industry, 
part of the meat products exported to European countries. 
The law providing for this inspection was necessary be- 
cause of the claim in European markets that diseased meats 
were shipped from the United States. An inspection is 
also provided for live animals intended for exportation 
and of animals imported. Much scientific work is also 
devoted to the study of the various diseases of animals. 

In like manner, the Division of Vegetable Physiology Division of 
and Pathology is engaged in the study of diseases affect- Physiology 
ing trees, and that of Entomology in the investigation of 
injurious insects. 

Continuous advancement is being made by the gov- New 
eminent toward placing the agricultural pursuits upon 
a more scientific basis. Thus, Congress, in 1901, recog- 
nized the value of the work done by changing the Divi- 
sions of Forestry, of Chemistry, and of Soils into bureaus. 
A Bureau of Plant Industry was also formed. 

Over $100,000 are expended each year by the Division Division 
of Seeds in the purchase of "rare and valuable" seeds, 
bulbs, and plants. These are distributed free through- 
out the country for the purpose of fostering the intro- 
duction of new and more valuable crops. 

Another important interest is carried on by the Office Public 
of Public Road Inquiries. Here experiments are made inquiries. 



— 



256 



THE CABINET 



Weather 
Bureau. 



with regard to the best system of road-making and the 
best materials to be used for that purpose. 

Through the Weather Bureau daily forecasts and warn- 
ings of storms are sent to over 50,000 different points; and 
storm signals are displayed at 300 places on our coasts. 
By its operation, millions of dollars are saved each year 
to the agricultural and maritime interests of the country. 
A recent decree of the Post-Office Department renders 
the reports of the bureau of still greater service. Slips of 
paper having the storm, frost, or other warnings printed 
on them are to be distributed by the rural mail carriers 
at the various houses in the districts affected. 



Se«retary 
of 

Commerce 
and Labor. 



The Department of Commerce and Labor 

Because of the nature of the subjects assigned to this 
new department, it will rapidly become one of the most 
important of the departments. At its head is a Secretary. 
Strictly speaking, there have been only two bureaus 
created for the department, the others having been trans- 
ferred from the other departments. The new bureaus 
are those of Corporations and of Manufactures. The 
Commissioner of Corporations is expected to investigate 
the organization, conduct, and management of the business 
of corporations and other combinations engaged in inter- 
state commerce, and to see that all anti-trust laws enacted 
by Congress are enforced. The duties of the Commis- 
sioner of Manufactures, as defined by the law, are "to 
foster, promote, and develop the various manufacturing 
industries of the United States and markets for the same 
at home and abroad by gathering, compiling, publishing, 
and supplying all available and useful information con- 
cerning such industries and such markets, and by such 
other methods and means as may be prescribed by the 
Secretary or provided by law." 



THE CABINET 257 

The President is given the power to transfer to the depart- 
ment those bureaus in other departments which are engaged 
in scientific or statistical work, the Interstate Commerce Com- 
mission and the scientific divisions of the Agricultural Depart- 
ment being excepted. The offices which have been transferred 
are as follows: the Bureau of Statistics; Census and Immigra- 
tion Bureaus; Bureau of Foreign Commerce of the State De- 
partment; the Bureau of Standards of Weights and Measures; 
Bureau of Navigation and the Shipping Commissioners; the 
Steamboat Inspection Service; Fish Commission; Coast and 
Geodetic Survey; and Lighthouse Board. 

The Chief of the Bureau of Statistics collects and pub- The chief 
lishes the annual statistics on commerce.* These reports Bureau of 
are of such a character that they are invaluable to the 
President in the preparation of his messages; and they 
are used extensively by the Heads of Departments, mem- 
bers of Congress, and the public. Tariff laws, special 
legislation for particular industries, and all international 
trade treaties are also based on these compilations. The 
greatest demand is for the Annual Statistical Abstract, 
which presents in a condensed form the history of the com- 
merce of the United States for a number of preceding years. 

The Commissioner of Immigration superintends the The Com 
work done by the inspectors of immigrants-! Every im- ofimmi 
migrant must undergo a rigid examination in order to de- 

* Monthly reports are made by our Consuls on improvements in agri- 
cultural and manufacturing processes. These reports also give information 
regarding good markets for our products and of the best markets in which 
to purchase foreign products. Among scores of similar subjects, our Con- 
suls reported during one year on the following: Agricultural Machines in 
Russia; American Apples in France; American Boots and Shoes in New 
Zealand; Radium Industry; Wages and Cost of Living in Germany. 

t During the year ending June 30, 1910, there arrived in the United 
States 1,041,570 immigrant aliens. This was an excess of 289,784 over 
the preceding year; 191,049 could neither read nor write; 223,453 were 
Italians; 128,348 were Polish; and the other chief nationalities in order 
of numbers were Hebrew, German, English, S«andinavian ; 24,270 were 
denied admission at the ports; 15,927 of these were thought likely to be- 
come a public charge; 3,033 had some communicable disease; and 1,786 
were contract laborers. 



missionei 
of Immi- 
gration. 



i58 THE CABINET 

termine whether he belongs to any of the prohibited classes. 
(See page 175.) It is also ascertained whether he is able 
to read and write and whether he has $50, or, if less, how 
much; 86 per cent, of all the aliens coming in 1910 had 
less than $50 each. Each immigrant pays a tax of four 
dollars, which sum is used to partially defray the expenses 
of the bureau. 

Additional There have also been created at different times commissions 
•skmsand ano ^ boards having executive functions, but which are not con- 
boards. nected with any of the departments. They are as follows: the 

Civil Service Commission, described on p. 238; the Interstate 
Commerce Commission, described on p. 177; the Board on 
Geographic Names, and the Industrial Commission. Special 
officials and boards are in charge of the National Museum, the 
Bureau of Ethnology, the Library of Congress, the Government 
Printing Office, and the Smithsonian Institution. The Govern- 
ment Printing Office was established in 1861. Facilities for 
publishing the Congressional debates, reports of the executive 
departments, etc., have been greatly multiplied from year to 
year. Some 15,000 copies of the President's annual message 
and 12,000 copies of the abridgment of the message, 40,000 
copies of the report of the Commissioner of Education, 54,000 
of the Congressional Directory, and other reports in similar 
quantities are printed each year for free distribution. A large 
extension of the Government Printing Office was authorized in 
1900 and $2,429,000 were appropriated for that purpose. It is 
said that this extension will constitute it the largest and best 
equipped printing establishment in the world. 

In 1829, James Smithson, an English scientist, gave some 
$500,000 to the United States for the purpose of founding at 
Washington, " an establishment for the increase and diffusion of 
knowledge among men." The Smithsonian Institution is nota- 
ble because of its Museum, which offers scientists such excellent 
opportunities for original investigation. 



THE CABINET 259 



Supplementary Questions and References 

1. Does the President select the members of his Cabinet from 
among former members of Congress ? Would this be desirable ? 

2. Have the members of the Cabinet ever been allowed to ap- 
pear before Congress in the interests of their own departments? 
Would this be desirable? Wilson, Congressional Government, 
257; Walker, The Making of the Nation, 92; Bryce, American 
Commonwealth, I, chapter 9; Atl. Mo., 65 : 771-772. 

3. Who are now the heads of the executive departments? 
Were they prominent in National affairs before they were selected 
for these positions ? 

4. What reasons can you give for the belief that other depart- 
ments should be added to the Cabinet? 

5. Give a list of the Presidents who have been Secretaries of 
State. How do you account for this policy in the first years of 
our government, and not at a later time? Name some of the 
other prominent Secretaries of State. 

6. Who are our Ambassadors ? Can you give the name of any 
foreign Ambassadors in Washington ? See Congressional Direc- 
tory. 

7. The methods by which our ministers are selected, take 
possession of their offices, and are presented at foreign courts are 
described in Curtis, The United States and Foreign Powers, 
15-21. 

8. The duties of ministers. Curtis, The United States and 
Foreign Powers, 22-26. 

9. Ought our Ambassadors to be changed every four years? 
Our Need of a Permanent Diplomatic Service, Forum, 25 : 702- 
711. 

10. Are our Ambassadors given adequate salaries? Diplo- 
matic Pay and Clothes, Forum, 27 : 24-32; Curtis, The United 
States and Foreign Powers, 13-14. 

11. From a consular report learn what the duties of a Consul 
are. Curtis, The United States and Foreign Powers, 30-33. 

12. What is the Great Seal of the United States, and what is 
its use? Harrison, This Country of Ours, 199-200. 

13. What is the particular work of the Marine Department; 



260 THE CABINET 

of the Steam-boat Inspection Service; of the Marine Hospital? 
Lyman J. Gage, Organization of the Treasury Department, 
Cosmop., 25 : 355-365. 

14. What is the work of the Bureau of Engraving and Print- 
ing? Spofford, The Government as a Great Publisher, Forum, 
19 : 338-349. 

15. What is the extent of our Merchant Marine? Should it 
be increased? Statistical Abstract of the United States, 1900, 
437-450. 

16. From the last report of the Bureau of Statistics find an- 
swers for the following: The expenditures of the government in 
the different departments; in what branches there was a large 
increase in 1899; value of merchandise imported and exported; 
amounts of corn, wheat, cotton, wool, and iron produced, im- 
ported, and exported; the chief nationalities of immigrants, and 
comparison of the total number with previous years. 

17. Are our coasts well defended? Harrison, This Country of 
Ours, 225. 

18. For illustrated articles on Education at West Point and 
Annapolis, see Outlook, 59 : 825-837; 839-849. 

19. How does the amount of money paid for pensions by the 
United States compare with that of other nations? Forum, 12 : 
645-651. 

20. Has the pension policy of our government been a wise one ? 
N. Am. Rev., 153:205-214; 156:416-431; 618-630; Cen. 
Mag., 42 : 179-188; 790-792; 46 : 135-140; Forum, 12 : 423- 
432; 15 : 377-386; 439-451; 522-540. 

21. For accounts of the new Congressional Library, see Cen. 
Mag., 53 : 682-711; Atl. Mo., 85 : 145-158; Cosmop., 23 : 10-20. 



CHAPTER XXVI 
THE JUDICIARY 

Alexander Hamilton characterized the lack of a Lack of a 
judiciary as the crowning defect of government under under the 
the Confederation. "Laws," he wrote, "are a dead letter tion. The 
without courts to expound and define their true meaning No. 22. 
and operation." Judicial powers were vested in the Con- 
tinental Congress or in the agents of that body. The 
conviction that the Federal Judiciary should constitute 
one of three independent parts of the government was 
general in the Constitutional Convention, and after a brief 
discussion, this was provided for as follows: 

The judicial power of the United States shall be vested Article in, 
in one Supreme Court, and in such inferior courts as the 
Congress may from time to time ordain and establish. The 
judges, both of the Supreme and inferior courts, sliall hold 
their offices during good behavior, and shall, at stated times, 
receive for their services a compensation which shall not be 
diminished during their continuance in office. 

Congress carried out the provisions of this section by Judiciary 
passing the judiciary act of 1789. This act provided that 
the Supreme Court should consist of a Chief Justice and 
five Associates. District Courts and Circuit Courts were 
also created by it and their functions as inferior courts were 
defined. 

The Supreme Court, at present, consists of the Chief The 
Justice and eight Associate Justices. It holds one ses- Court™ 6 
sion annually, at Washington, beginning on the second 
Monday in October and continuing until about May 1. 

261 



Circuit 
Courts of 
Appeals. 



District 
Courts. 



262 



THE JUDICIARY 



By the law of 1891, nine Circuit Courts of Appeals 
were established for each of which a Circuit Judge was 
provided. The Circuit Courts of Appeals consist of three 
judges each, any two constituting a quorum. The judges 
eligible to sit in one of these courts are: the Supreme 
Court Judge assigned to the Circuit, the Circuit Judges, 
and the District Judges of that circuit. 

The territory of the United States has been divided 
into judicial districts, none of them crossing State lines 
and each having a District Court. 






Congres- 
sional 
Directory, 
1911. 



New York and Texas have each four districts; Alabama, Penn- 
sylvania, and Tennessee three each; Arkansas, California, Flor- 
ida, Georgia, Illinois, Iowa, Kentucky, Louisiana, Mississippi, 
Michigan, Missouri, North Carolina, Ohio, Oklahoma, Virginia, 
Washington, Wisconsin, and West Virginia two each; and the 
remaining States have each a single district. New Mexico con- 
stitutes a district, likewise Alaska, Arizona, and Hawaii. Gen- 
erally there is a judge for each district, but a single judge is at 
times assigned to two districts. 



United 
States 
District 

Attorneys 

and 

Marshals. 



A District Attorney and Marshal are appointed by the 
President for each District. The United States District 
Attorney is required to prosecute all persons accused of 
the violation of Federal law and to appear as defendant 
in cases brought against the government of the United 
States in his district. The United States Marshals, in 
general, perform duties connected with the enforcement 
of the Federal laws which resemble the duties of sheriffs 
under State laws. 



Circuit 
Courts. 



Established by the act of 1789, each Circuit Court was, at first, 
presided over by a Justice of the Supreme Court and a District 
Judge. The policy was to have as many Circuit Courts as there 
were Justices of the Supreme Court. It was not until 1869 that 
a Circuit Judge was provided for each of the nine circuits. By an 
act of 1911, in response to the agitation for a simplified Federal 
judicial system and greater expedition in the hearing of cases, 



THE JUDICIARY 263 

the Circuit Courts were abandoned, judges of these courts were 
transferred to the Circuit Courts of Appeals. 

The Court of Claims was established in 1855 and con- Court of 
sists of a Chief Justice and four Associates. It holds an 
annual session in Washington. 

That the Judiciary should be independent of parties and of Terms and 
other influences cannot be questioned. Hence the wisdom of judges' ° 
the provision that United States Judges shall hold their offices 
during good behavior and shall receive a compensation for their 
services which shall not be diminished during their continuance 
in office. The Constitution states that Judges of the Supreme 
Court shall be appointed by the President with the consent of 
the Senate. It has been interpreted that the Judges of the in- 
ferior courts are to receive their appointments in like manner. 

By an act of Congress of 1911, the salary of the Chief Justice 
was fixed at $15,000 per annum; that of Associate Justices, 
$14,500; and District Judges, $6,000. There is an allowance 
for expenses of judges not to exceed $10 a day. Any Judge who 
has reached the age of seventy years, and has served ten years, 
may retire on full paj r for life. 

We are next to consider the jurisdiction of the sev- 
eral courts that have been described. 

The judicial power shall extend to all cases, in law and Section 2„ 
equity, arising under this Constitution, the laics of the 
United States, and treaties made, or which sliall be made, 
under their authority; — to all cases affecting Ambassadors, 
other public ministers and Consuls; — to all cases of admi- 
ralty and maritime jwisdiction; — to controversies to which 
the United States shall be a party; — to controversies be- 
tween two or more States; — between a State and citizens 
of another State; — between citizens of different States; — be- 
tween citizens of the same State claiming lands under grants 
of different States, and between a State, or the citizens there- 
of, and foreign states, citizens or subjects. 

In all cases affecting Ambassadors, other public minis- Section 2, 
ters and Consuls, and those in which a State shall be party, 



264 THE JUDICIARY 

* 

the Supreme Court shall have original jurisdiction. In all 
the other cases before mentioned, the Supreme Court shall 
have appellate jurisdiction, both as to law and fact, with 
such exceptions, and under such regulations as the Con- 
gress shall make. 

Speaking of the position of the Supreme Court in our 
judicial system, Mr. Bryce says: 
©ryce, "No feature of the government of the United States 

Common- has awakened so much curiosity in the European mind, 

wealth, I, ... . * r . . 

.237-240. caused so much discussion, received so much admiration 
and been more frequently misunderstood, than the duties 
assigned to the Supreme Court and the functions which 
it discharges in guarding the ark of the Constitution." 
Extent of A careful consideration of clause 1 of this section shows 
power. lcm the wide extent of the powers of the United States Courts. 
It shows too the desirability of having all such cases under 
their jurisdiction rather than under the authority of the 
State courts. This jurisdiction applies to two classes of 
cases. One class has to do with the nature of the ques- 
tions involved, as in all those cases arising out of the 
Constitution, laws, and treaties of the United States, and 
admiralty and maritime cases. The other class of cases 
arises because of the parties to the suits, as, Ambassadors, 
Consuls, two or more States, citizens of different States, etc. 

State as The provisions here made, that the judicial power shall extend 

TheFed- *° controversies between a State and citizens of another State, 
«ralist,8l. and between a State and the citizens or subjects of a foreign 
state, were doubtless intended to apply only to suits in which 
a State-should attempt, as plaintiff, to secure justice in a Federal 
Court. But, contrary to expectation, suits were early brought 
against some of the States by citizens of other States to enforce 
the payment of debts and other claims. In the notable case 
of Chisholm vs. Georgia in 1793, Chisholm, a citizen of North 
Carolina, began action against the State of Georgia in the Su- 
preme Court of the United States. That court interpreted the 
clause as applying to cases in which a State is defendant, as well 



THE JUDICIARY 265 

as to those in which it is plaintiff. The decision was received 
with disfavor by the States, and Congress proposed the Xlth 
Amendment to the Constitution, which was ratified in 1798 and 
reads as follows: 

The judicial power of the United States shall not be con- Amend- 
strued to extend to any suit in law or equity, commenced or 
prosecuted against one of the United States, by citizens of 
another State, or by citizens or subjects of any foreign state. 



The Supreme Court has original jurisdiction in "all original 
cases affecting Ambassadors, other public ministers, and appellate 
Consuls, and those in which a State shall be a party." 
By original jurisdiction is meant that these cases may 
be begun in the Supreme Court. Other cases come to the 
Supreme Court from the inferior United States Courts or 
from the Supreme Courts of the States and Territories by 
appeal or by writ of error.* In these cases the Supreme 
Court is said to have appellate jurisdiction. 

It is difficult in brief space to define minutely the province 
of each court. The following accounts, therefore, give only a 
general description. 

The Circuit Courts of Appeals are given final jurisdiction in jurisdic- 
certain cases appealed to them from the District, such as those {^rior 
arising under the patent, revenue, and criminal laws, as well as courts, 
admiralty and other cases in which the opposing parties to a Courts of 
suit are an alien and a citizen, or are citizens of different States, ^statutes 
The Supreme Court has thus been partially relieved from an at Large, 
over-crowded docket. But jurisdiction in these cases may be 
assumed by the Supreme Court if it desires to do so. 

The jurisdiction of the District Courts embraces criminal District 
cases, admiralty cases, bankruptcy proceedings, suits for penalties, Courts - 
and the like. The jurisdiction of cases formerly in the Circuit 
Courts was transferred to the District Courts when the Circuit 
Courts were discontinued. These courts had original jurisdic- 

* A writ of error is defined to be "a process which removes the record 
of one court to the possession of another court, and enables the latter to 
inspect the proceedings, and give such judgment as its own opinion of 
the law and justice of the case may warrant." 



266 



THE JUDICIARY 



Court of 
Claims. 10 
Statutes at 
Large, 612. 



Territorial 
Courts. 



The right 
of jury 
trial. 



Section 2, 
clause 3. 



Amend- 
ment V. 



tion in patent and copyright cases; in cases brought by the United 
States against national banks; and in ordinary civil actions, 
where the amount involved, exclusive of interest and costs, was 
at least $2,000. Where the amount is less, the case must be 
tried in a State court. 

The Court of Claims is composed of a Chief Justice and four 
Associate Justices. Claims against the Federal government, 
pension claims excepted, are heard by this court. The judg- 
ments of the Court are referred to Congress and appropriations 
are made to cover them. 

The Courts of the District of Columbia and of the Territories 
are under the control of Congress, but are not Federal Courts. 
Judges of these courts are appointed in the same manner as other 
United States Judges, but their appointment is only for a term 
of four years. 

The right of trial by jury in all criminal cases had 
been insisted upon by Englishmen for centuries prior 
to the formation of our Constitution. There were two 
branches to the system, the grand and the petit juries. 
Each performed the same duties as they do now. The 
Constitution provides that 

The trial of all crimes, except in cases of impeachment, 
shall be by jury, and such trial slmll be held in the State 
where the said crime shall have been committed; but when 
not committed ivithin any State, the trial shall be at such 
place or places as the Congress may by law have directed. 

This clause was attacked by the opponents of the 
Constitution in the State conventions. It was believed 
that the Constitution did not furnish adequate safeguards 
against unjust prosecutions. Because of this agitation, 
Congress, in its first session, proposed the following Amend- 
ments, which were duly ratified by the several States: 

No person shall be held to answer for a capital, or other- 
vjise infamous crime, unless on a presentment or idict- 
ment of a grand jury, except in cases arising in the land 
or naval forces, or in the militia, when in actual service in 
time of war or public danger; nor shall any person be sub- 



THE JUDICIARY 26? 

ject for the same offence to be twice put in jeopardy of life 
or limb; nor shall be compelled in any criminal case to be 
a witness against himself, nor be deprived of life, liberty, 
or property, without due process of law; nor shall private 
property be taken for public use, without just compensation. 

In all criminal prosecutions, the accused shall enjoy the Amend- 

7 7 7- • 7 7 • • 7 • /• meDt VI * 

right to a speedy and public trial, by an impartial jury of 
the State and district wherein the crime may have been 
commmitted, ivhich district shall have been previously ascer- 
tained by law, and to be informed of the nature and cause 
of the accusation; to be confronted with the witnesses against 
him; to have compulsory process for obtaining witnesses in 
his favor, and to have the assistance of counsel for his de- 
fence. 

In suits at common laic, where tlie value in controversy Amend- 
shall exceed twenty dollars, the right of trial by jury shall 
be preserved, and no fact tried by a jury shall be otherwise re- 
examined in any court of the United States, than according 
to the rules of the common law. 

Excessive bail shall not be required, nor excessive fines Amend- 
im posed, nor cruel and unusual punishments inflicted. 

Authorities have had difficulty in giving an exact defi- infamous 

crimes. 

nition of an infamous crime. That given by Judge Coolev Cooiey, 

. , . - TT „t* i • i Principles 

is the most satistactorv. He says: r>ut the punishment ofConsti- 

P 1 • 11! 1 • P 1 tuti ° nal 

ot the penitentiary must always be deemed miamous, and Law, 291. 
so must any punishment that involves the loss of civil 
or political privileges." 

A grand jury consists of from twelve to twenty- three Grand 
men. "They are sworn to inquire and present all offences 
committed against the authority of the National govern- 
ment within the State or district for which they are im- 
panelled, or elsewhere within the jurisdiction of the Na- 
tional government. They sit in secret and no accusation 
can be made by them without the concurrence of at least 
twelve. After hearing the evidence, if the grand jury 



Jury. 



268 



THE JUDICIARY 



Rights of 

the 

accused. 



Right of 
eminent 
domain. 



concludes that the accusation is not true they write on the 
back of the bill, "not a true bill" or "not found." The 
accused, if held in custody, is then given his freedom, but 
he may again be indicted by another grand jury. If the 
grand jury decides that the accusation is true they then 
write on the back of the bill, "a true bill" or "found." 
The indicted person must be held to answer the charges 
made against him.* 

The accused must be given a public and speedy trial 
before an impartial jury, known as the petit jury, con- 
sisting of twelve men from the district wherein the crime 
was committed. The decision must be unanimous be- 
fore a verdict can be rendered. The accused is given a 
copy of the indictment in which the nature of the accusa- 
tion is clearly set forth and is granted time in which to 
prepare for his defence. Equally just and significant are 
the provisions that he shall be confronted by the witnesses 
against him; may compel the attendance of witnesses in 
his favor; and may employ counsel for his defence. In 
case he is not able to pay for his own counsel the judge 
appoints one whose services are paid for out of the public 
treasury. If the verdict has been rendered by a jury and 
the judgment pronounced, the accused cannot be again 
brought to trial on the same charge. 

The right of "eminent domain" is properly vested in 
the government. By this right private property may be 
taken for public uses after the payment of a just price. 
The rights guaranteed the accused by these Amendments 
are chiefly derived from the principles of the common law. 
(See p. 95.) 



Treason 
under the 
common 
law. 



Treason has always been regarded as one of the worst of 
offences and is punished by the severest penalties. Under the 
early common law, it rested with the judges to declare what acts 

* For the grand jury system of some States and definition of indict- 
ment and presentment, consult p. 63. 



THE JUDICIARY 269 

were treasonable. Judges became mere tools in the hands of 
despotic rulers and were induced to declare certain conduct 
treasonable which had not previously been so regarded. In the 
time of Edward III, the English Parliament attempted to pro- 
hibit these abuses by giving a definition of treason. The sub- 
stance of two of the five articles of this statute were made a 
part of our Constitution in the following: 

Treason against the United States shall consist only in Article in, 
levying war against them or in adhering to their enemies, clause 1.' 
giving them aid or comfort. No person shall be convicted of treason 
of treason unless on the testimony of two witnesses to the 
same overt act, or on confession in open court. 

The Congress shall have power to declare the punishment Section 3, 
of treason, but no attainder of treason shall work corruption 
of blood or forfeiture, except during the life of the person 
attainted. 

Parties to a conspiracy cannot be considered traitors who are 
until they have actually assembled men for the carrying 
out by force of some treasonable purpose. "All persons 
who then perform any act, however minute, or however 
remote from the scene of action, and who are actually 
leagued in the general conspiracy, are to be considered 
traitors. And one is adherent to the enemies of the coun- £°. ole ?\ 

Principles 

try, and giving them aid and comfort, when he supplies ofConstitu- 

J ... . . . . tional Law, 

them with intelligence, furnishes them with provisions or 288. 
arms, treacherously surrenders to them a fortress and the 
like." 

Supplementary Questions and References 

1. What are the names of the members of the Supreme Court 
at present ? See Congressional Directory. 

2. How large is the district in which your home is located? 
"Who are the judges? See Congressional Directory. 

3. Under what conditions may a case be appealed from the 
Supreme Court of the State to the United States Supreme Court? 
Bryce, American Commonwealth, I, 232-234. 



270 THE JUDICIARY 

4. How is the fact, that conflicts between the authority of the 
Federal and the State Courts do not arise, accounted for? Bryce, 
I, 238. 

5. Are the United States Courts influenced in their decisions 
by politics ? Bryce, I, 265-267. 

6. Describe the influence of John Marshall as Chief Justice. 

a. John Marshall, American Statesman Series, chapters 

10 and 11. 

b. Bryce, I, 267. 

c. Lodge, John Marshall, Statesman, N. Am. Rev., 172 : 

191-204. 

d. John Marshall, Atl. Mo., 87 : 328-341. 

7. Show how the development of our Constitution by interpre- 
tation has been brought about. Bryce, I, 376-385. 






CHAPTER XXVII 

RELATIONS BETWEEN THE STATES AND BETWEEN 
FEDERAL GOVERNMENT AND THE STATES 

Full faith and credit shall be given in each State to the Article IV, 
public acts, records, and judicial proceedings of every other 
State. And the Congress may by general laws prescribe the 
manner in which such acts, records, and proceedings shall 
be proved, and the effect thereof. 

The citizens of each State shall be entitled to all the priv- Section 2, 
ileges and immunities of citizens in the several States. 

A person charged in any State with treason, felony, or Section 2, 
other crime, who shall flee from justice, and be found in an- 
other State, shall, on demand of the Executive authority of 
the State from which he fled, be delivered up, to be removed 
to the State having jurisdiction of the crime. 

No person held to service or labor in one State, under tlie Section 2, 
laws thereof, escaping into another, shall in consequence of 
any law or regulation therein, be discharged from such 
service or labor, but shall be delivered up on claim of the 
party to whom such service or labor may be due. 

The Constitution was intended to form a more com- state 

records 

plete bond between the States. This union would be 
weakened and give rise to endless litigation and injus- 
tice were the legislative acts, records, and proceedings 
of the courts of one State not given the same credit in 
every State as in that where they originated. Legisla- 
tive acts are made authentic by having the State seal 
affixed. The record of a court is " proved" through the 
signature of the clerk and judge and affixing of the seal of 
the court where there is one. 

271 



272 RELATIONS BETWEEN THE STATES 



Fugitive 
criminals. 



Justice 
Miller on 
the Consti 
tution, 637 
638. 



Section 4. 
Protection 
of the 

States by 
the Na- 
tional gov- 
ernment. 



Protection 

against 

invasion. 



Extradition is the delivering up to justice of fugitive 
criminals by the authorities of one State or country to 
those of another. The necessity for such a regulation is 
evident, for a criminal from justice might easily escape 
into a neighboring State. "The responsibility of deter- 
mining whether the person demanded is a fugitive from 
the justice of the demanding State rests with the Executive 
of the State or Territory in which the accused is found. 
The case of the demanding State should be presented in 
some official form; either by official copy of an indictment, 
or by a complaint under oath. The right to demand sur- 
render and the obligation to comply with the demand ex- 
tend to all crimes and offences made punishable by the 
laws of the State where the offence was committed; but if 
the Governor of the State in which the accused is found 
refuses to surrender him he cannot, through the judi- 
ciary, be compelled to deliver him up/' The privilege 
of extradition between nations is secured by treaty re- 
lations. 

The United States shall guarantee to every State in this 
Union a republican form of government, and shall protect 
each of them against invasion; and on application of the 
legislature, or of the executive (when the legislature cannot 
be convened), against domestic violence. 

It was natural that the Constitution should guarantee 
to the States the form of government with which the 
framers of that instrument were most familiar and which 
would be most in keeping with the Federal union they 
hoped to see established. 

Any protection afforded a State against invasion sig- 
nifies the protection of the Nation. Since the States are 
forbidden to keep troops and ships of war in time of 
peace, they must, if invaded, be dependent upon the gen- 
eral government. In such a case the President has been 
authorized by law to use the army and navy of the United 



violence. 



RELATIONS BETWEEN THE STATES 273 

States, or call the militia into service, to furnish the needed 
protection, even if the State has not applied for aid. 

Each State is supposed to possess the power of enforc- Protection 
ing its own laws, and is of right protected in the exercise domestic 
of this prerogative. In case of an insurrection, the State 
militia is sent by order of the Governor to suppress it. 
But should they fail to restore order, the legislature, or 
the executive (when the legislature cannot be convened), 
applies to the President for military aid. If the uprising 
has interfered in any way with the carrying out of the laws 
of the Nation, the President may, at his discretion, send 
troops to suppress it without having been asked to do so 
by the legislature or the Governor. There was a notable 
illustration of this point during the time of the Chicago 
riots, in July, 1894.* 

* See American History, p. 493. 



CHAPTER XXVIII 



TERRITORIES AND PUBLIC LANDS 



The 

Northwest 

Territory. 



The power 
to govern 
Territories. 



Article IV, 
section 3, 
clause 2. 



When the Constitution was adopted, the National gov- 
ernment possessed a vast tract of land lying north of 
the Ohio River and extending to the Great Lakes and 
the Mississippi River.* This region had been owned by 
several of the original States (viz., Massachusetts, Con- 
necticut, New York, and Virginia) ; but their claims were 
conflicting and each finally agreed to cede its portion 
to the general government. This occurred during the 
period of the Confederacy. Although entirely without 
legal authority to do so under the Articles of Confedera- 
tion, Congress established a Territorial government for 
the "Territory of the United States lying north and west 
of the Ohio River," by the enactment of the Ordinance 
of 1787. The first Congress under the Constitution re- 
enacted this Ordinance, and thus entered at once upon 
the government that it has since maintained over the 
Territories of the United States. Congress exercises this 
power by virtue of the authority expressly delegated to it 
in the following clause. 

The Congress shall have power to dispose of and make 
all needful rules and regulations respecting the territory or 
other property belonging to the United States; and nothing 
in this Constitution shall be so construed as to prejudice any 
claims of the United States, or of any particular State. 

First the Northwest Territory, and later the various 
parts of it (Ohio, Indiana, etc.), were governed as Ter- 

* For a fuller treatment of the topics that follow, see American His- 
tory, 184-190. 

274 



TERRITORIES AND PUBLIC LANDS 275 

ri to ries; afterwards, when the Louisiana purchase, the 
Mexican cession, and the Oregon region were acquired, 
Territories were organized there. The Territorial form of 
government was an intermediate stage preparatory to the 
admission of new regions as States. 

The government of Hawaii corresponds in most re- Ten-item; 

• i form ot 

spects to that which existed almost since the foundation of govern- 



ment. 



the government in the continental Territories. The execu- 
tive is a governor appointed for four years by the President, 
who also appoints a Secretary. The administrative officers 
— Treasurer, Auditor, Attorney-General, Superintendent of 
Instruction, and others — are appointed by the Governor 
and Senate of Hawaii. The judiciary consists of judges ap- 
pointed by the President. The Territorial legislature has 
two houses, the Senate and the House of Representatives, 
the members of which are elected, from districts, by popu- 
lar vote. The legislature resembles a State legislature in 
its control of Territorial affairs; but its laws may be 
modified or entirely annulled by Congress. In this way 
Congress maintains its complete authority over the inter- 
nal policy of the Territory. The people have no voice in 
National affairs, but they elect a delegate to Congress, who 
may debate but not vote. 

Alaska is regarded as an " unorganized territory." The execu- Alaska, 
tive officers are the Governor, Attorney-General, and Surveyor- 
General, the last acting as Secretary of the Territory. The 
judiciary consists of three district judges. All these officers 
are appointed by the President and Senate. There is no legis- 
lature. Congress enacted, in 1900, a complete code of civil laws 
for Alaska. 

In the government of Porto Rico, the President appoints the Porto 
governor and administrative officers. The lower house of the Rlco * 
legislature is elected, while a part of the members of the upper 
house are elected and a part are appointed by the President. 

The government of the Philippine Islands resembles that of ThePhii- 
Porto Rico. There is a Commission of nine members: the lppmes - 
Governor, four heads of departments, (Americans) and four Fili- 



276 TERRITORIES AND PUBLIC LANDS 



The 

Panama 
Canal Zone. 



Cuba. 



pinos. All are appointed by the President, with the consent of 
the Senate. This Commission constitutes the upper house of the 
legislative body; the lower house or assembly is elected from 
certain districts of the Islands where the people are considered 
capable of political action. Qualifications for voting include 
both property and literary tests, either English or Spanish being 
accepted in the latter case. 

The entire group of islands is divided into provinces. In some 
of these the people exercise local self-government; in others 
there is military government under the United States army. 
In many cities the government is similar to that in American 
cities. 

The United States owns scattered islands, Tutuila of the 
Samoan group,* Guam, Midway, Wake, and others, which have 
no regularly organized governments. 

The Panama Canal Zone f is governed by the Isthmian Canal 
Commission, consisting of seven men appointed by the Presi- 
dent. The Commission has charge of the construction of the 
canal, and to one of the Commissioners is given the duty of 
governing the Zone. The Commission is subordinate to the 
Department of War at Washington. 

Cuba is not a possession of the United States but may be re- 
garded as a dependency. Our government is given the right 
(by treaty with Cuba) to take control of Cuban affairs under 
certain circumstances, as when foreign troubles, disorder in 
Cuba, or financial difficulties make it necessary. This was done 
in the years 1906-1909. Cuba is a Republic in government. 



The power 
to acquire 
territory. 



By what authority has the United States acquired the 
territory that was not in its possession in 1789? This 
question, arising for the first time in connection with 
the Louisiana purchase, was of vital importance. It has 
been argued that section 3 of Article IV applies only to the 
territory belonging to the United States at the time of the 
adoption of the Constitution; and that, consequently, ac- 
quisitions were made not by virtue of any power dele- 
gated to the United States in the Constitution, but rather 
by virtue of the fact that the United States is a nation, 



* See American History, 504. 



t Ibid., 516. 



TERRITORIES AND PUBLIC LANDS 277 

and so entitled to exercise this sovereign power as any 
other nation might. But it is not necessary to make this 
contention. There is the highest authority, the Supreme 
Court speaking through its greatest Chief Justice, for hold- 
ing a different view. This is found in a decision of Chief 
Justice Marshall, who said, "The Constitution confers 
absolutely on the government of the Union the powers of 
making war and of making treaties; consequently, that 
government possesses the power of acquiring territory, 
either by conquest or by treaty." 

The circumstances attending the acquisition of Porto The power 

-!-»• i i tvi -l- it t i c of Congress 

Rico and the rnilippmes, and the peculiar character ot in 

...,,. . s^ . . ■, i governing 

their inhabitants, gave rise to grave Constitutional prob- Territories 

... i i -tt • i r-i an d posses- 

lems concerning their government by the Lnited States, sions. 
Similar questions had previously arisen in relation to the 
government of the Territories, especially questions in- 
volving the power of Congress over slavery.* After the 
Spanish war the power of the Federal government in the 
new acquisitions was determined by a series of decisions 
rendered by the Supreme Court in the "Insular Cases." 
In brief, the court decided that our Territories and pos- 
sessions "belong to" but are not a "part of" the United 
States. Their inhabitants are not citizens of the United 
States until made so by act of Congress. Congress is 
unrestricted in its power of legislating for the Territories 
and possessions by provisions of the Constitution. For 
example, the provision that all duties shall be uniform 
throughout the United States does not apply to the in- 
sular possessions. Tariffs have been levied against goods 
coming into the United States from them. So Congress 
has practically a free hand in determining what laws and 
forms of government are best adapted to the people of 
our possessions. Its policy so far has been to allow self- 
government to the extent that the people seemed ready for it. 

* See American History, 333, 360, 362. 



278 TERRITORIES AND PUBLIC LANDS 



The 

admission 
of Terri- 
tories to 
statehood 



Article IV. 
section 3, 
clause 1. 



The power 

of 

Congress. 



We have so far considered the Territories as in a state 
of greater or less dependence upon the National govern- 
ment. Under what conditions and in what way may these 
relations be changed? The admission of Territories into 
the Union as States was contemplated before the adop- 
tion of the Constitution, for the Ordinance of 1787 pro- 
vided that the Northwest Territory should be divided into 
States, and these were guaranteed admission into the 
Union. Doubtless, the framers of the Constitution re- 
garded statehood as the ultimate destiny of all territory 
then belonging to the United States. This idea became 
the policy of the government in its treatment of the Loui- 
siana purchase and the Mexican cession. In the case of 
Alaska, and especially since the addition of the insular 
possessions, questions have arisen regarding the policy 
that is to be pursued. Are Hawaii, Porto Rico, and the 
Philippines ever to be erected into States? Or, are they 
ultimately to be granted their independence, if they de- 
sire it? 

That the power to admit States belongs exclusively to 
Congress is evident from the language of the Constitution. 

New States may be admitted by the Congress into this 
Union; but no new State shall be formed or erected within 
the jurisdiction of any other State; nor shall any State be 
formed by the junction of two or more States, or parts of 
States, without the consent of the legislatures of the States 
concerned, as well as of the Congress. 

A Territory cannot claim admission as a Constitutional 
right if Congress finds obstacles that seem to it insuper- 
able. Nor is there any rule as to the population that a 
Territory should have before admission. Congress has 
often been guided in the exercise of this power by political 
considerations alone. 

After a Territory has applied for admission into the Union, 
two different methods have been pursued to complete the proc- 



TERRITORIES AND PUBLIC LANDS 279 

ess. (1) Congress has passed an "enabling act"; the Territory Methods of 
then framed a constitution, which was submitted to Congress states." 18 
for approval. (2) The Territory has frequently taken the first 
step by electing a convention which framed a constitution; with 
this in hand, the Territory then applied to Congress for admis- 
sion. In either case, before giving its approval to the admis- 
sion of a State, Congress must see that the constitution submitted 
contains nothing that is inconsistent with a republican form of 
government. (See p. 272.) In addition, Congress has sometimes 
required the Territory to conform to certain conditions respect- 
ing boundaries, lands, and other matters. 



cessions. 



The "territory and other property belonging to the Western 
United States" (see p. 274) includes more than the govern- 
mental divisions called "Territories" and "possessions." 
The United States owns vast tracts of land that are situ- 
ated not only in these Territories but also in many of the 
States. This land is regarded as property or public do- 
main, and its disposition falls within the power of Con- 
gress under the clause a part of which has just been quoted. 

In the years following the adoption of the Constitu- 
tion, North Carolina, South Carolina, and Georgia fol- 
lowed the example of the Northern States and ceded to 
the general government their claims upon territory ex- 
tending westward to the Mississippi Rirer. This was 
the region where the States of Tennessee, Alabama, and 
Mississippi have since been formed. As the United States 
came into possession of the western territory, all unoccu- 
pied lands * (except certain portions reserved by the origi- 
nal States for their own use) became the property of the 
National government. The same is true of all unoccu- 
pied lands in the Louisiana purchase and in all subse- 
quent acquisitions of territory. So that the United States 
has become the possessor of many millions of acres. Its 

* By this is meant lands not then in the possession of Europeans. 
The Indian claim to the lands was partially recognized by the govern- 
ment; it acquired full title from the different tribes by purchase or by 
conquest. See American History, 100, 308, 473-474. 



280 TERRITORIES AND PUBLIC LANDS 



Govern- 
ment 
survey. 



policy in dealing with this vast property has been of the 
greatest consequence in our history. 

In the thirteen original States there was no uniform 
system of land survey, but each tract of land was sur- 
veyed as necessity required, generally after settlement 
had been made upon it. The tracts were of very irregu- 




lar shapes. The boundary lines, usually starting from 
some natural object, were measured by rods or chains, 
running in certain directions as ascertained by the use of 
the compass. This method of survey is still in use in the 
Eastern States. According to a law of 1785, a uniform 
system of "rectangular" survey was applied to all lands 
belonging to the United States.* This survey has pre- 
ceded settlers and has to some extent influenced the meth- 

* American History, 188. 



TERRITORIES AND PUBLIC LANDS 281 

od of settlement and the nature of local government 
throughout the West. The lands surveyed have been di- 
vided into townships six miles square. For the boundaries 
of townships the law requires the use of north-and-south 
and east-and-west lines. To secure starting points from 

Figure 1. 





1 












1 


\ 












7 


a 
















6 














Go\ 


-recti 


5 

m 


3 


Line 




1 


1 






k 


p. 






1 


J 






3 


s 1 


















2 














IV 


III 


n 


\v. 


B.I 

E. 


a 


III 


IV 


1 






Bos 


6 








Li 


ne 





which to run these lines, it was necessary to designate 
certain meridians as Principal Meridians and certain par- 
allels as Base Lines. 

The map indicates the location of Principal Meridians 
and Base Lines in the States north of the Ohio River. 
Starting, then, from any Principal Meridian, the tier of 
townships directly east is called Range I; the other 
ranges are numbered east and west of that Meridian. 
Counting also from the Base Line, the townships are num- 
bered 1, 2, 3, etc., both north and south. It thus be- 
comes possible to locate precisely any particular township 
by a simple description: e. g., township 5 north, Range 
VII east of the first Principal Meridian. 

The convergence of meridians causes the townships to 



282 TERRITORIES AND PUBLIC LANDS 



become less than six miles wide from east to west as the 
survey proceeds northward from any Base Line. This 
necessitates the running of standard parallel lines, or 
correction lines, at frequent intervals to be used as new 
Base Lines. 

To still further facilitate the sale and description of 
lands the law provides for exact methods of subdividing 

Figure 2. — Six Miles Square. 



Figure 8.— One 
Mile Square. 



6 


5 


4 


3 


1 
2 1 


7 


6 


9 


10 


11 


12 


18 


17 


16 


15 


14 


13 


19 


20 


21 


22 


23 


24 


30 


29 


23 


27 


2G ! 25 

1 


31 


32 


33 


34 


35 


36 



NW± 


N£NE* 




SEi 

NEi 


Si 



the township into sections, one mile square, numbered 
as in Figure 2. 

Each section is subdivided into rectangular tracts known 
as halves, quarters, half-quarters and quarter-quarters. 
The designations of these divisions are by abbreviations 
and fractions. (See Figure 3.) The number of acres in 
each tract is easily computed. 

The rectangular system of survey has been a great aid 
in the subdivision and location of farm lands; it greatly 
reduces the number of boundary disputes; it determines 
very largely the location of country roads. Moreover, the 
Congressional township has become, in a great many 
mstances, the area within which the political township or 



TERRITORIES AND PUBLIC LANDS 283 

town has been organized. This town, however, need not 
coincide with the Congressional township; it may be 
greater or smaller in area. 

Upon the admission of Territories into the Union, the Land 
ownership of the public lands does not pass to the new made to 

States 

States, but remains with the National government. The 
States cannot interfere with the disposal of this land, nor 
can they tax it. On the other hand, the National govern- 
ment has pursued a most liberal policy in making grants 
of land, in large tracts, to the States for various purposes. 
This is the way in which the school lands of the States 
were acquired. (See pages 81-82.) Swamp and saline 
lands, besides other tracts, have been freely given to States 
to aid in the construction of roads, canals, and other public 
improvements. 

But the largest part of the Nation's domain has been The sale of 

• i in • . i P ublic 

retained and sold or given away by the government to lands. 

land companies, railroad companies, and settlers. At 
present, land may be obtained through the General Land 
Office (Department of the Interior) either by direct pur- 
chase or under the homestead laws. 

Before 1820, the minimum price of land was $2.00 per acre; 
the price was then reduced to SI. 25. Some lands may still be 
purchased at that rate, while others are held at $2.50 per acre. 
The public domain of the United States open to settlement com- 
prises (1910) 711,986,409 acres. This does not include lands 
located in Alaska, and in our new insular possessions. The great- 
est part of these lands are situated in the Rocky Mountain and 
Pacific Coast States and Territories; a large share are arid and 
can be brought under cultivation only by irrigation, if at all.. 

Under the homestead law, " any citizen of the United States, The home- 
or any person who has declared his intention of becoming such, 
who is the head of a family, or has attained his majority, or has 
served in the army or navy in time of war, and is not already 
the proprietor of more than 160 acres of land in any State or 
Territory, is entitled to enter a quarter section (160 acres), or any 
less amount of unappropriated public land, and may acquire 



284 TERRITORIES AND PUBLIC LANDS 



Railroad 

land 

grants. 



Arid lands. 



Various 
reserva- 
tions. 



title thereto by establishing and maintaining residence thereon, 
and improving and cultivating the land for a period of five years. "* 

Many of the Western railroads (notably the Northern Pacific, 
Union and Central Pacific, and Southern Pacific) have been given 
immense tracts of land, amounting in the total to more than 
150,000,000 acres. These grants consist of alternate sections 
lying within wide strips that cross the western part of the coun- 
try, along the lines of the several railroads. A considerable part 
of their land has been sold by the railroad companies to actual 
settlers. 

A large part of the public domain is arid. In 1902, Congress 
enacted a law providing that the proceeds from the sales of pub- 
lic lands in certain States and Territories should be expended by 
the National Government in the construction of irrigation works. 
The establishment of this policy marks an era in the develop- 
ment of our Western States. Under this law great irrigation 
dams, reservoirs, and canals have been constructed and large 
areas of public land are being made cultivable and are being sold 
to settlers. Some of the States are following the same policy, 
while others are draining swamp lands. 

Many large tracts of land have been retained by the general 
government as reservations; these are not open to settlement. 
The forest reserves are intended as a protection for the sources 
of great rivers. Several National parks (including the Yellow- 
stone and the Yosemite) preserve, for the common good of all, 
regions of great scenic beauty and scientific interest. Reservoir 
sites have been reserved in several localities, with a view to the 
establishment of future irrigation systems. Great tracts of land, 
located in many States, are preserved as Indian reservations. 
Military reservations comprise the tracts lying adjacent to West- 
ern military posts. 



Checking 
the waste 
of natural 
resources. 



The policy of our Government in granting and selling 
its public lands has greatly aided Western settlement, 
but it has been accompanied by enormous waste and 
much fraud. Individuals and corporations have acquired 
large tracts and have held them for speculative purposes. 
Moreover, little attention was paid until recent years to 
the other resources of the land besides the soil — timber, 



American History, 389, 441. 



TERRITORIES AND PUBLIC LANDS 285 

minerals, and water-power sites. Great tracts of forests 
have been destroyed by fire, timber has been wastefully 
cut, and other large tracts have come into private hands, 
while the supply of timber in the country is rapidly dimin- 
ishing. Hence Congress has begun the policy of setting 
aside forest reservations. These not only conserve the tim- 
ber, but also help to regulate the flow of rivers. Thus the 
the washing of soil from hill-sides is checked. 

Mineral deposits on public lands are no longer to be 
sold at low prices with the land. Such land may be with- 
drawn from entry, and the deposits may later be leased to 
individuals for working upon the payment of a royalty to 
the Government. Water-power sites are also being with- 
drawn from sale, and the Government should in the fu- 
ture prevent their falling permanently into private hands; 
for the gradual exhaustion of our coal supply will render 
water-powers of increasing value. 

The fundamental principles involved in the policy of The policy 
conservation * are two: (1) The people should derive just vation. 
compensation for the sale of the public natural resources, 
and they should retain ownership of such as may become 
monopolies; (2) it is the duty of the present generation to 
care for the welfare of future generations by conserving, 
rather than allowing the waste of these natural resources. 

The conservation movement was given impetus by President The 
Roosevelt when he called the Conference of Governors, which §onferen7e 
met fisst in 1908 and again in 1910. The continuance of these 
meetings may result in their having great influence over State 
and National affairs; and so they may become in reality a part 
of our government, though entirely outside the authority of law 
or Constitution. 

* For facts concerning the activity of States in this direction, see p. 
88. See, also, American History, 523. 



286 TERRITORIES AND PUBLIC LANDS 



Supplementary Questions and References 

1. What were the circumstances under which the Northwestern 
States ceded their lands? Hart, Formation of the Union, 107- 
109; Fiske, Critical Period, 187-199; Hinsdale, Old Northwest, 
chapters 11-14. 

2. What were the admirable features of the Ordinance of 
1787? Walker, 39^0; Fiske, Critical Period, 203-207; Hins- 
dale, Old Northwest, chapters 15-16. The Ordinance itself 
is found in Old South Leaflets, No. 13. 

3. By which method is the land of your State surveyed? 
Obtain the surveyor's description of a piece of land in your 
locality. What States do not have the United States survey? 
Why not? Are there reservations in your State? The map 
published by the General Land Office shows, in detail, Prin- 
cipal Meridians, Base Lines, land offices, and reservations. 

4. Wanted: A government for Alaska. Outlook, 94 : 431- 
440. 

5. The first Filipino assembly and its work. N. Am. Rev., 
188 : 521-525; Outlook, 88 : 175-179. 

6. The present government and the future of the Philippines. 
World's Work, 16 : 10655-10656; Outlook, 90 : 450-456; 91 : 
75-82. 

7. Preparing the Moros for government. Atl. Mo., 97 : 
385-394. 

8. Fortifying Panama Canal. Rev. of R's, 39 : 732-733. 

9. What is the matter with our land laws? Atl. Mo., 102 : 
1-9. 

10. National irrigation projects. Indept, 62 : 1079-1085; 64 : 
1172-1178; Rev. of R's, 37 : 689-698. 

11. Uncle Sam's wood lot. Indept., 64 : 1374-1377; Forest 
Reserves, ibid., 60 : 667-671; Timber Frauds, World's Work, 
15 : 9588-9593; National Forestry, ibid., 15 : 9739-9757. 

12. Conservation. Atl. Mo., 101 : 694-704; Indept., 64 : 
946-952; Outlook, 87 : 291-294; 93 : 770-772; Rev. of R's, 
37 : 585-592; 39 : 317-321. 

13. Government control of water power. Outiook, 88 : 582- 



TERRITORIES AND PUBLIC LANDS 287 

534; Rev. of R's, 41 : 47-48; Public Coal lands, Rev. of R's, 35 : 
303-304. 

14. The Governors' Conference. Indept., 64 : 1374-1377. 

15. Relations with Cuba. American History, 503-504. 

16. What, if any, organized Territories exist on the continent? 
What were the last Territories to be made States ? 






CHAPTER XXIX 
AMENDMENTS TO THE CONSTITUTION 



Article V. 



Methods of 
proposing 
amend- 
ments. 



Ratifica- 
tion of 
amend- 
ments. 



As already noted, it was practically impossible to 
amend the Articles of Confederation. The conviction 
was general, therefore, in the Constitutional Convention 
that some plan should be adopted by which the Consti- 
tution might be made to conform to the requirements of 
future conditions, as well as guard against changes too 
easily secured. Article V provides for amendments as 
follows: 

The Congress, whenever two-thirds of both houses shall 
deem it necessary, shall propose amendments to this Con- 
stitution, or, on the application of the legislatures of two- 
thirds of the several States, shall call a convention for pro- 
posing amendments, which, in either case, shall be valid to 
all intents and purposes, as part of this Constitution, when 
ratified by the legislatures of three-fourths of the several 
States, or by conventions in three-fourths thereof, as the 
one or the other mode of ratification may be proposed by 
the Congress; provided . . . that no State, without its con- 
sent, shall be deprived of its equal suffrage in the Senate. 

Amendments to the Constitution may thus be proposed 
in two ways: by a vote of two-thirds of both houses or by 
a National convention called by Congress for that purpose 
on the application of two-thirds of the State legislatures. 
The convention method has never been used in proposing 
amendments to the Constitution. 

Amendments may also be ratified by either of two meth- 
ods: by the legislatures in three-fourths of the several 
States, or by conventions in three-fourths thereof. When 

28S 



AMENDMENTS TO CONSTITUTION 289 

Congress has proposed an amendment, it has designated 
that the ratification should be by the State legislatures. 
The method used in proposing and in adopting amend- 
ments seems the best, for the bodies called upon to act may 
be easily summoned. 

The most permanent part of the Constitution was se- Permanent 
cured through the provision that "no State, without its theConsti- 
consent, shall be deprived of its equal suffrage in the 
Senate." 

One of the chief arguments against the Constitution was Bin of 
that it did not contain a Bill of Rights, and consequently 
it was asserted that the rights of the individual citizen 
could not be maintained. As already noted (p. 116), 
some of the States were induced to ratify the Constitu- 
tion, even with this omission, providing they were given 
the privilege of recommending amendments. One hun- 
dred and eighty-nine propositions in the nature of amend- 
ments, many of them being repetitions, were presented by 
the various States to the first Congress. Seventeen amend- 
ments, largely selected from these, were proposed by the 
House of Representatives. Twelve were agreed to by the 
Senate and ten were ratified by three-fourths of the State 
legislatures. The first ten amendments are frequently re- 
ferred to, therefore, as "The Bill of Rights." 

More than 1,700 amendments to the Constitution have been Number of 
proposed in an official way. Nineteen of these have been pre- JJJnJ s d " 
sented to the State legislatures for ratification and fifteen only 
have received the requisite three-fourths vote. These amend- 
ments have now the same force as the original Constitution. 

Congress shall make no law respecting an establishment Amend- 
of religion, or prohibiting the free exercise thereof; or Freedom of 
abridging the freedom of speech or of the press, or the right speech! ' ° 
of the people peaceably to assemble, and to petition the gov- assembiy 
ernment for a redress of grievances. 



290 AMENDMENTS TO CONSTITUTION 



Amend- 
ment II. 
Right of 
keeping 
militia. 



Amend- 
ment III. 
Quartering 
of soldiers. 



Amend- 
ment IV. 
■General 
warrants. 



The religious intolerance characteristic of the colonies and 
the presence of so many different sects doubtless led to this de- 
cree, by which the National government should be forever free 
from the disturbances which would follow should Congress have 
been given the right to set up a National religion. Our govern- 
ment, unlike that of many European nations, grants the greatest 
liberties, provided it can be shown that what was said or pub- 
lished was true and the facts were made known with good mo- 
tives and for justifiable ends. After many contests in English 
history, the "right of petition" was finally assured in the Decla- 
ration of Rights of 1688. The principle was reasserted in many 
of the State constitutions, and, although inherent in a republi- 
can form of government, it was thought desirable to establish 
the right by making it a part of the Constitution. 

A well-regulated militia being necessary to the security 
of a free State, the right of the people to keep and bear arms 
shall not be infringed. 

The necessity for having a militia has been referred to 
on page 202. Fear of a monarch was genuine, and it was 
believed that the militia would form a ready defence 
against any usurpation of power on the part of the Presi- 
dent. 

No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner, nor in time of war, 
but in a manner to be prescribed by law. 

The English authorities maintained the right of "bil- 
leting soldiers" upon the colonists in time of peace, and 
this grievance was one of the causes of the American 
Revolution. It was maintained that "a man's house is 
his castle," and that he was justified in resisting all in- 
trusions of this nature. 

The right of the people to be secure in their persons, 
houses, papers, and effects against unreasonable searches and 
seizures, shall not be violated, and no warrant shall issue 
but upon probable cause, supported by oath or affirmation, 
and particularly describing the place to be searched, and the 
persons or things to be seized. 



AMENDMENTS TO CONSTITUTION 291 

This Amendment, like the preceding, grew out of the 
desire to check any tendency on the part of the govern- 
ment to trample on the rights of personal liberty and 
private property. It was believed that the English au- 
thorities had disregarded these rights when they issued 
and strove to enforce the carrying out of the obnoxious 
Writs of Assistance.* 

The enumeration in the Constitution of certain rights Amend- 
shall not be construed to deny or disparage others retained Rights 

7 retained by 

by the people. the people. 

Many clauses of the Constitution have in them an enu- 
meration of certain personal rights retained by the people. 
Among these rights are the privileges of the writ of habeas 
corpus and of the right of trial by jury. Since all personal 
rights could not be thus enumerated, Amendment IX was 
evidently intended to apply to those not so designated. 

The powers not delegated to the United States by the Con- Amend- 
stitution, nor prohibited by it to the States, are reserved to Powers ' 
the States respectively, or to the people. the states. 

A motion was made when this Amendment was being 
discussed in Congress that the words "expressly dele- 
gated" be used. It was made to appear in the discus- 
sion that the Amendment, as given, was intended as an 
interpretation of the Constitution, and that, since it was 
impracticable to enumerate all of the powers of the gen- 
eral government, some must of necessity be implied. (See 
pp. 204-205.)t 

The Emancipation Proclamation granted freedom to 
all the slaves in the States then in rebellion. Delaware, 
Kentucky, Tennessee, Missouri, Maryland, and parts of 
Virginia and Louisiana do not appear in this list. Slaves 

* Amendments V, VI, VII, and VIII have been discussed under the 
Judiciary, on pp. 266-267. 

tAmendment XI has been taken up under the Judiciary, pp. 264-265; 
Amendment XII has been considered in connection with the election of 
President and Vice-President, pp. 222-223. 



29? AMENDMENTS TO CONSTITUTION 



Amend- 
ment XIII, 
section 1. 



Section 2. 



AmencU 
ment XIV, 
section 1. 



were held in these States, and slavery still had a legal 
right to exist in them. Congress desired to settle the 
question, and February 1, 1865, proposed the XHIth 
Amendment to the Constitution. 

Neither slavery nor involuntary servitude, except as a 
punishment for crime whereof the party shall have been 
duly convicted, shall exist within the United States, or saiiy 
place subject to their jurisdiction. 

Congress shall have power to enforce this Article by ap- 
propriate legislation. 

The wording of the Amendment is almost the same as 
that which pertains to slavery in the Ordinance for the 
Northwest Territory of 1787 and the Wilmot Proviso. 
After it was ratified by sixteen free States and eleven 
of the former slave-holding States, the requisite three- 
fourths, Mr. Seward, then Secretary of State, declared it 
to be a part of the Constitution of the United States, 
December 18, 1865. 

Amendment XIV was proposed by Congress, June 16, 
1866, as a part of the general plan for Reconstruction. 
The Southern States were not to be regarded as a part 
of the Union until they should ratify it. 

All persons born or naturalized in the United States, 
and subject to the jurisdiction thereof, are citizens of the 
United States and of the State wherein they reside. No 
State shall make or enforce any law which shall abridge 
the privileges or immunities of citizens of the United States; 
nor shall any State deprive any person of life, liberty, or 
property, without due process of law; nor deny to any per- 
son within its jurisdiction the equal protection of the laws. 

The first section has already been partially discussed 
on page 191 under the question, Who are citizens? 

The "privileges or immunities" of the section doubt- 
less refer to the rights of the freedmen which had been 
defined by the Civil Rights Act of April 9, 1866. By 



AMENDMENTS TO CONSTITUTION 293 

this act, the "freedmen were to have the same rights in Privileges 
every State and Territory of the United States to make nities of 
and enforce contracts; to sue, be parties, and give evi- story, c'om- 
dence; to inherit, purchase, lease, sell, hold, and con- § 1935. 
vey real and personal property, and to full and equal 
benefit of all laws and proceedings for the security of 
person and property as is enjoyed by white citizens and 
to be subject to the like punishments, pains, and penal- 
ties, and to none other, any law, statute, ordinance, 
regulation, or custom to the contrary notwithstanding." 
The right to vote is not enumerated, for it is a political right. 

It was feared attempts would be made in some of the Due proc- 
States to keep the negro in a condition of dependence story, 
through adverse legislation. To prevent this, the pro- taries, §§ 
vision was made that no State should deprive "any Dartmouth 
person of life, liberty, or property without due process Wool- v ' 
of law." The phrase "due process of law," has been wheaton 
regarded, in its legal effects, as equivalent to "the law 
of the land" which was defined by Webster in the Dart- 
mouth College case as follows: "By the law of the land 
is most clearly intended the general law; a law which 
hears before it condemns; which proceeds upon inquiry, 
and renders judgment only after trial. The meaning 
is, that every citizen shall hold his life, liberty, property, 
and immunities under the protection of the general rules 
which govern society." * 

Congress believed that the leaders of the South in the Amend- 
Civil War should be deprived of some of their political section 3. 
privileges, and so framed section 3: 

No person shall be a Senator or Representative in Con- 
gress, or Elector of President and Vice-President, or hold 
any office, civil or military, under the United States, or 

* Section 2 has been taken up in connection with the apportionment of 
Representatives, page 125. Pupils should read the entire Amendments 
as found in the Constitution. Appendix A. 



294 AMENDMENTS TO CONSTITUTION 



30 United 

States 
Statutes at 
Large, 432. 



Amend- 
ment XIV, 
section 4. 



Section 5. 



Amend- 
ment XV, 
section 1. 



Section 2. 



under any State, who, having previously taken an oath as 
a member of Congress, or as an officer of the United States, 
or as a member of any State legislature, or as an executive 
or judicial officer of any State, to support the Constitution 
of tlie United States, shall have engaged in insurrection or 
rebellion against the same, or given aid or comfort to the 
enemies thereof. But Congress may, by a vote of two-thirds 
of each house, remove such disability. 

Congress has at different times removed the disabilities 
from certain of these classes. Finally, an act of June 6, 
1898, removed the last disability imposed by this section. 

It was feared there might be an attempt to repudiate 
the debt which had been incurred in the suppression of 
the Rebellion and also to pay the war debt of the seced- 
ing States. This led to the embodiment of section 4 as 
a part of the Amendment: 

The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment 
of pensions and bounties for services in suppressing in- 
surrection or rebellion, shall not be questioned. But neither 
the United States nor any State shall assume or pay any 
debt or obligation incurred in aid of insurrection or rebel- 
lion against the United States, or any claim for the loss or 
emancipation of any slave; but all such debts, obligations, 
and claims shall be held illegal and void. 

The Congress shall have power to enforce, by appro- 
priate legislation, the provisions of this article. 

In order to secure full political rights for the negroes the 
XVth Amendment was passed as indicated on page 125. 

The right of citizens of the United States to vote shall 
not be denied or abridged by the United States, or by any 
State, on account of race, color, or previous condition of 
servitude. 

The Congress shall have power to enforce this article by 
appropriate legislation. 



AMENDMENTS TO CONSTITUTION 295 



Supplementary Questions and References 

1. What facts can be given showing the difficulty of amend- 
ing the Articles of Confederation? Fiske, Critical Period, 218- 
220. 

2. Is it now considered difficult to amend the Constitution? 
Bryce, American Commonwealth, I, 368-371. 

3. Was the adoption of the XVth Amendment a wise policy? 









Republic. 



CHAPTER XXX 

THE RELATIONS OF STATES AND NATION 

We have now studied in succession the local, State, 
and National governments of our country. Since the 
local units are subordinate to the States of which they 
are divisions, there remain to be considered the relations 
that exist between the State and National systems. 
a Federal We should first observe that the States are not mere 
administrative divisions of the Nation. They do not 
stand in the same relation to the Nation that counties 
bear to a State. They do not derive their powers from 
the National government, nor, on the other hand, does 
the latter derive its power from the States. The source 
of power for both is the same — "the people themselves, as 
an organized body politic." * The United States is, 
then, a Federal Republic. This is very different, on the 
one hand, from a confederation, such as existed in this 
country between 1781 and 1789, and, on the other hand, 
from a centralized republic, such as exists to-day in 
France. In the former case, the National government 
rested upon the States and could exercise its most im- 
portant powers only through them. In France, the "de- 
partments" (which may be compared to our States) are 
merely local administrative divisions of the nation, and 
possess no original powers of government. Our Fed- 
eral Republic is more complex than either of these sys- 
tems; but in efficiency it far excels the Confederacy, and 
in its adaptation to the circumstances of the people it is in- 
finitely better than a centralized government would be. 

* Cooley, Constitutional Limitations, 205. 
296 



RELATIONS OF STATES AND NATION 297 

The peculiarity of our government lies in the division The 
of powers between State and National authorities. His- of powers 

1 i • <»• iiir» between 

toncally, and from a legal pomt of view, we should first state gov- 

i • i p 11 i • • • • l ernments 

think of all governmental powers as originating in the and the 

5 6& National 

people. Of these powers, govern- 

(1) Some are exercised by State authorities. 

(2) Others are delegated to the National government. 
The powers belonging to the first group are nowhere 

enumerated, because it is neither necessary nor possible 
to anticipate all of them. They are the reserved powers 
mentioned in the Tenth Amendment to the United States 
Constitution. The powers of the second group are enu- 
merated in the Constitution; they are vested in the leg- 
islative, executive, and judicial branches of the National 
government. We see, then, that local self-government is 
preserved in the States for State purposes; and that the 
National government was created to fulfill National pur- 
poses, by a direct grant of power from the people. 

In determining this division of powers, it becomes nec- 
essary to make two other groups: 

(3) Some specific powers are denied to the United 
States.* 

(4) Others are denied to the States, f 

Some of these prohibitions are necessary in order that 
the parts of our double system of government may work 
harmoniously. Evidently, too, the people intend that some 
powers shall not be exercised by either State or National 
authorities, since they are denied to both. In this way, 
certain ancient liberties are preserved. 

(5) Finally, there is a group called concurrent powers, 
because they may be exercised by both State and National 
governments. 

We have spoken as though there were two govern- 

* See Article I, section 9, and Amendments I- VIII and XI. 
t See Article I, section 10, and Amendments XIII- XV. 



298 RELATIONS OF STATES AND NATION 



Butane 
govern- 
ment. 



Article VI, 
clause 2. 



National 
sover- 
eignty. 



ments, but in reality there is but one. Its parts (State 
and National) are distinct but not separate.* They fit 
into and harmonize with each other. Each is necessary 
to the existence of the other. In the analysis of our 
government from a legal point of view, we examine them 
separately; but in the bestowal of our patriotic allegiance 
as citizens no such separation is possible. 

Such is the theory of our government. Its practical 
workings are not so simple, for very often the line of 
division between State and Federal powers is doubtful. 
In tracing this line, the courts have constantly had in 
view that clause of the Constitution which says: 

This Constitution, and the laws of the United States 
which shall be made in pursuance thereof, and all treaties 
made, or which shall be made, under the authority of the 
United States, shall be the supreme law of the land; and 
the judges in every State shall be bound thereby, anything 
in the Constitution or laws of any State to the contrary 
notwithstanding. 

The doctrine of National sovereignty (i. e., the supreme 
authority of the National government over every State 
and every individual) became fully established, subject 
to dispute from no authoritative source whatever, only 
after the Civil War and the events that followed. But 
this doctrine is to be viewed in the light of a larger fact, 
viz., that the National government possesses only delegated 
powers, and it is only within the sphere of these powers 
that the National authority is supreme. "When a par- 
ticular power is found to belong to the States, they are en- 
titled to the same complete independence in its exercise 
as is the National government in wielding its own author- 
ity. Each within its sphere has sovereign powers/' f 

We have seen that it is the duty of the courts to de- 



* Wilson, The State, 480-483. 

t Cooley, Principles of Constitutional Law, 34. 



RELATIONS OF STATES AND NATION 299 

termine, when cases come before them, the limits of State state 
and National jurisdiction. In the last resort, the Supreme eignty* 
Court of the United States decides whether any act of 
either government is Constitutional. The National gov- 
ernment is, therefore, the final judge of the extent of its 
own powers, as well as of State powers when State and 
National authority seem to conflict. During most of our 
history the doctrine was held by eminent persons that, in 
the event of such a conflict, a State might legally decide 
for itself which authority should prevail. The doctrine 
of "State sovereignty " was enunciated in the Virginia 
Resolutions of 1798 by Madison; in the Kentucky Reso- 
lutions of the same year by Jefferson, and in the Resolu- 
tions of the Hartford Convention (1814). The doctrine 
found its logical conclusion in the nullification of a Federal 
law by South Carolina in 1832. Carried to its extreme 
limits, State sovereignty became the grounds of justifica- 
tion for the secession of the Southern States at the opening 
of the Civil War. The doctrine received its death-blow 
in the events of that period. The success of the National 
idea seemed for a time to endanger the preservation of 
the true theory of our government, by threatening the 
complete dominance of National over State authority. But 
the Supreme Court of the United States is guardian of 
State and National powers alike, and its decisions have 
held firmly to the lines of division that have been indi- 
cated in the preceding discussion. 

As a further statement of this division, it may be said 
that the States are presumed to have jurisdiction over all 
subjects of legislation, except as their powers are limited 
(1) by the National Constitution, (2) by the State consti- 
tutions. The National government, on the other hand, is 
presumed to have only such powers as are delegated to it 
(either specifically or by implication) in the Constitution 
of the United States. 



300 RELATIONS OF STATES AND NATION 

At its foundation, that double system which we call 
"the government of the United States" rests upon the 
people. They have not finally determined its character, 
but have reserved the right to modify its form by the 
process of amendment, and to change its policy by the 
periodical election of officers. 



Supplementary Questions and References 

1. The government of France is described in Wilson, The 
State, 214-223. 

2. Switzerland is also a republic; what are the main features 
of its government? Wilson, 305-333. 

3. What are some of the most important among the reserved 
powers of the States? How are similar powers exercised in 
England? Wilson, 487-488. 

4. Make lists of powers (1) delegated to the National govern- 
ment; (2) denied to it; (3) prohibited to the States; and (4) 
to both. (5) What powers would you classify as concurrent ? 

5. Is it accurate to say that the National government has 
"more powers" than the States? That it is "stronger" than 
the States ? 

6. What is the English Constitution? Bryce, I, 241-242. 
Why may an act of Parliament be unconstitutional and yet 
valid? Bryce, 1,250-251. 

7. Can you mention State and National laws that have been 
declared unconstitutional by the Supreme Court? 



CHAPTER XXXI 

SOME FEATURES OF INTERNATIONAL LAW AND 
ARBITRATION 

We have considered some of the ways in which our 
government is brought into direct relations with foreign 
powers, such as the postal system, naturalization, and 
privateering. It is especially to be noted that during the 
nineteenth century there was a marked advance toward 
the settlement of controversies between nations according 
to the principles of international law and through courts 
of arbitration. It will be of interest, therefore, to consider 
a few of the leading principles which have tended to pre- 
vent wars and lessen the suffering and destruction incident 
to warfare, and to note the relation of the United States to 
these forward movements. 

According to the definition given on page 199, inter- Nature and 

i i , , 6 1.1, , origin of 

national law refers to the usages which have been es- intema- 

ii-iii • ♦!• i • i i tional law. 

ta bushed between civilized nations, but more narrowly 
interpreted it pertains to that body of rules which are 
accepted by the six great European powers and the 
United States. Strictly speaking, Hugo Grotius, a politi- 
cal exile from Holland, residing in Paris, became the 
founder of international law through the publication, in 
1625, of his "De Jure Belli ac Pactis," a book which 
has been declared to have altered the history of the world. 
''Additions have been made to this great work slowly and 
imperceptibly as the public opinion of the civilized world 
decides new cases or grows to greater heights of humanity 
and justice." * 

* Lawrence, The Principles of International Law, 54. 
301 



_- 



302 INTERNATIONAL LAW— ARBITRATION 

Paris Con- Some of the most difficult international problems have 

gress, 1856. . . . _ . 

arisen over the attempts to denne the rights or neutral 
nations, especially on the high seas, and the treatment of 
merchant ships and other private property during the time 
of war. National usage varied until the year 1856, when 
the great nations (the United States and Spain excepted), 
in the Congress at Paris, gave the chief impulse to united 
action by agreeing to the four significant principles: (1) 
Privateering is and remains abolished; (2) The neutral 
flag covers an enemy's goods, with the exception of con- 
traband of war; i.e., One of the belligerent nations cannot 
seize from a vessel that flies the flag of a neutral country, 
goods that belong to a citizen of the other belligerent 
unless they be contraband of war. (3) Neutral goods with 
the exception of contraband of war are not liable to cap- 
ture under the enemy's flag; (4) Blockades in order to be 
binding must be effective. 
The United By the year 1861 forty-six sovereign States had agreed 
the Rule of to accept these principles. The United States govern- 
ment asserted that all private property at sea should be 
exempt from capture and confiscation, except in the cases 
of the violation of a blockade and contraband of war, and 
refused, in consequence, to sanction the Paris Declara- 
tion. In treaties made with individual nations, however, 
the United States accepted these principles and, in 1898, 
on the occasion of the outbreak of the Spanish-American 
War, our government issued decrees upon the subjects 
mentioned below. 

Contra- (1) No privateers were to be allowed. (See page 200.) (2) 

band of rpk e blockade of the forts on the coasts of Cuba should be made 
effective. (3) Contraband of war was to be carefully defined. 
The articles declared to be absolutely contraband were : " Ord- 
nance, machine-guns and their appliances and the parts thereof; 
armor plate and whatever pertains to the offensive and de- 
fensive armament of naval vessels; arms and instruments of 



war. 



INTERNATIONAL LAW— ARBITRATION 303 



iron, steel, brass, or copper, or any other material, such arms 
and instruments being especially adapted for use in war by 
land or sea; torpedoes and their appurtenances; cases for mines, 
of whatever material; engineering and transport materials, such 
as gun-carriages, caissons, cartridge-boxes, campaigning forges, 
canteens, pontoons; ordnance stores; portable range-finders; 
signal flags destined for naval use; ammunition and explosives 
of all kinds; machinery for the manufacture of rams and muni- 
tions of war; saltpetre, military accoutrements and equipments 
of all sorts; horses.'' The "conditionally contraband" articles 
mentioned were the following : " Coal when destined for a naval 
station, a port of call, or a ship or ships of the enemy; materials 
for the construction of railroads and telegraphs, and money, 
when such material or money are destined for an enemy's forces; 
provisions when destined for an enemy's ship or ships, or for a. 
place that is besieged." 

Spain declared that the last three articles of the Declaration of 
Paris were to be enforced, but maintained the right, as already 
indicated, to grant letters of marque to privateers. 

In the International Convention, at Geneva, in 1864, another 
marked advance was made. By this agreement, which has been 
accepted by nearly all the civilized powers of the world, hospitals 
and all articles intended for the use of the sick and wounded, 
together with all surgeons, nurses, and other persons engaged in 
caring for them, are not subject to capture if they are protected 
by the badge having a red cross upon a white ground. This em- 
blem is placed on the flag or is worn on the arm as the case may 
be. 

From the time of Grotius, appeals were made by individuals 
and congresses for the lessening of the grosser severities of war- 
fare, but these ideas were not put into practical form until the 
year 1863. President Lincoln, in that year, decreed that the 
armies of the United States should be governed by the code of 
rules which had been prepared on the request of Mr. Lincoln by 
Francis Lieber. A similar manual was afterward adopted by 
the various European powers and the general principles were 
adopted as an international code by the Brussels Conference of 
1874, in which the leading States of Europe were represented. 



The 
Geneva 
Conven- 
tion, 1864, 
Red Cross. 



The 

Brussels 
Conference. 
1874. 



304 INTERNATIONAL LAW— ARBITRATION 



International Arbitration 

International Arbitration signifies the agreement on the 
part of two nations in dispute to submit their differences 
to an independent tribunal and abide by its decision. 
Great progress was made during the nineteenth century 
toward this much-desired goal. Our own government has 
hastened this advance, for it has been a party to about 
fifty out of one hundred and twenty arbitrations. Ques- 
tions settled in this manner, such as boundary, damages 
inflicted by war or civil disturbances, and injuries to com- 
merce, would formerly have led to war. Twenty of these 
cases have been between the United States and Great 
Britain, and a settlement was effected when, at times, it 
seemed as if war could not be averted. Among others 
may be mentioned the Alabama Question, which was 
decided by the Geneva Conference in 1871,* and the 
Behring Sea Seal Fisheries Question, which was finally 
settled by a tribunal at Paris in 1893. f 
The Hague The work of The Hague Peace Conference, which met 
1899. ' May 18, 1899, constituted a fitting close to the efforts 
which were put forth during the century to bring about 
conciliation through arbitration. The Conference assem- 
bled in response to an invitation issued by the Czar of 
Russia "on behalf of disarmament and the permanent 
peace of the world." One hundred and ten delegates 
were present, representing twenty-six different powers, 
of which the United States was one. The delegates were 
divided into three commissions, each having separate sub- 
jects for consideration. 
pisarma- (1) The first commission adopted unanimously the res- 

olution that "the limitation of the military charges which 

* See American History, pp. 438, 439. 

t The Venezuela question was likewise important. See American History, 
pp. 486-488. 



"lent. 



INTERNATIONAL LAW— ARBITRATION 305 

so oppress the world is greatly to be desired," but agreed 
that this could not now be accomplished through an in- 
ternational compact. 

(2) In the second commission a revision of the Declara- Rules of 

Wars. 

tion of Brussels concerning the rules of war was made. 
It was agreed by the entire Conference that a new Con- 
vention for this purpose should be called, and that the 
protection offered by the red cross as agreed upon in 
the Geneva Convention should also be extended to naval 
warfare. 

(3) The proposition expressing the desire that interna- interna- 
tional conflicts might in the future be settled through Court of 

, . . • i ^ ^ i i > i • • Arbitration 

arbitration was considered by the third commission. 
Said the late ex-President Harrison : " The greatest achieve- 
ment of The Hague Conference was the establishment 
of an absolutely impartial judicial tribunal." Some of 
the leading features of this permanent Court of Arbitra- 
tion were provided for as follows: (1) Each nation which 
agreed to the proposition was to appoint, within three 
months, four persons of recognized competency in inter- 
national law, who were to serve for six years as members 
of the International Court. (2) An International Bureau 
was established at The Hague for the purpose of carrying 
on all intercourse between the signatory Powers relative 
to the meetings of the Court, and to serve also as the record- 
ing office for the Court. (3) Nations in dispute may 
select from the list of names appointed as above, and sub- 
mitted to them by the Bureau, those persons whom they 
desire to act as arbitrators. (4) The meetings of the 
Court are to be held at The Hague, unless some other 
place is stipulated by the nations in the controversy. 
This Court was convened for the first time May, 18, 1901, 
and the first case submitted was one between the United 
States and Mexico. It is readily seen that the advan- 
tages of such a court are that unprejudiced arbitrators 



306 INTERNATIONAL LAW— ARBITRATION 



The 

second 

Hague 

Conference, 

1907. 



Other 
peace 
move- 
ments. 



are selected; rules of procedure are defined; and that de- 
cisions rendered are more liable to be accepted in future 
cases, and thus a code will be formed. So many cases 
have been submitted to this tribunal and satisfactorily 
disposed of that it has been said that a government which 
will not now try arbitration before resorting to arms, is 
no longer considered respectable. In 1910, provision was 
made for a permanent home for the court through the 
gift of $1,500,000 by Andrew Carnegie. 

In 1904, President Roosevelt proposed a second Hague 
conference to the nations which had taken part in the first 
one. Russia, then at war with Japan, objected, but when 
peace was restored Emperor Nicholas II issued an invi- 
tation to fifty-three nations to send representatives to such 
a conference. Delegates from forty-five of these nations 
responded by sending delegates to The Hague in the sum- 
mer of 1907. Among the positive results of the confer- 
ence were; (1) The declaration was adopted prohibiting 
the throwing of projectiles and explosives from balloons; 
(2) Provision was made for an international prize court to 
which appeal might be made from the prize courts of the 
belligerent powers; and (3) Agreement upon certain prin- 
ciples relating to the laws and customs of war. While no 
definite position was taken relating to military and naval 
expenditures, this problem was referred to the respective 
governments for "serious study." Belief was reasserted in 
the obligatory arbitration of all questions relating to trea- 
ties and international problems of a legal nature, but the 
principle was not adopted although thirty-two powers 
favored it. It was recommended that another conference 
should be called after an interval of eight years. 

Many societies are now organized for the purpose of 
bringing about disarmament and the settlement of all 
international disputes through arbitration. Individuals 
have contributed large sums of money toward the move- 



INTERNATIONAL LAW— ARBITRATION 307 

ment for universal peace. With this object in view, Mr. 
Carnegie, in 1910, created a fund of $10,000,000. 



Suggestive Questions and References 

1. The Peace Conference at The Hague, 1899, N. A. Rev., 
168 : 771-778; 169 : 604-624; 625-639; N. Eng. Mag., 19 : 
580-585; Forum, 28 : 1-12; Outlook, 62 : 22-25; Reasons for 
Russia's Desire for Peace, Rev. of R's, 18 : 376-377; 19 : 432- 
434. 

2. The text of the arbitration agreement made at The Hague 
Conference is found in Rev. of R's, 21 : 51-55; Moore, What the 
Arbitration Treaty is Not, Rev. of R's, 21 : 50-51. 

3. What was the arbitration treaty negotiated with England 
in 1897? Forum, 23 : 13-27; Outlook, 55 : 223-224; Fiske, 
Atl. Mo., 79 : 339-408. For what reasons was the treaty rejected 
by the Senate? Outlook, 55 : 960-961. 

4. The Second Hague Conference. Outlook, 86 : 155-159; 
Rev. of R's, 36 : 529-530; 727; N. Am. Rev., 186 : 576-580. 



APPENDIX A 



CONSTITUTION 



UNITED STATES OF AMEEICA. 

We the people of the United States, in order to form a more 
perfect union, establish justice, insure domestic tranquillity, pro- 
vide for the common defence, promote the general welfare, and 
secure the blessings of liberty to ourselves and our posterity, do 
ordain and establish this Constitution for the United States of 
America 

ARTICLE I. 

Section I. All legislative powers herein granted shall be vested 
in a Congress of the United States, which shall consist of a Senate 
and a House of Representatives. 

Sect. II. 1. The House of Representatives shall be composed 
of members chosen every second year by the people of the several 
States, and the electors in each State shall have the qualifications 
requisite for electors of the most numerous branch of the State 
Legislature. 

2. No person shall be a Representative who shall not have 
attained to the age of twenty-five years, and been seven years a 
citizen of the United States, and who shall not, when elected, be 
an inhabitant of thai State in which he shall be chosen. 

3. Representatives and direct taxes shall be apportioned among 
the several States which may be included within this Union, accord- 
ing to their respective numbers, which shall be determined by add- 
ing to the whole number of free persons, including those bound to 
service for a term of years, and excluding Indians not taxed, three 
fifths of all other persons. The actual enumeration shall be made 
within three years after the first meeting of the Congress of the 

308 



Constitution of the United States of America 309 

United States, and within every subsequent term of ten years, in 
such manner as they shall by law direct. The number of Repre- 
sentatives shall not exceed one for every thirty thousand, but each 
State shall have at least one representative ; and until such enu- 
meration shall be made, the State of New Hampshire shall be enti- 
tled to choose three, Massachusetts eight, Rhode Island and Provi- 
dence Plantations one, Connecticut five, New York six, New Jersey 
four, Pennsylvania eight, Delaware one, Maryland six, Virginia 
ten, North Carolina five, South Carolina five, and Georgia three. 

4. "When vacancies happen in the representation from any State, 
the Executive authority thereof shall issue writs of election to fill 
such vacancies. 

5. The House of Representatives shall choose their Speaker and 
other officers ; and shall have the sole power of impeachment. 

Sect. III. 1. The Senate of the United States shall be com- 
posed of two Senators from each State, chosen by the legislature 
thereof, for six years ; and each Senator shall have one vote. 

2. Immediately after they shall be assembled in consequence of 
the first election, they shall be divided as equally as may be into 
three classes. The seats of the Senators of the first class shall be 
vacated at the expiration of the second year, of the second class at 
the expiration of the fourth year, and of the third class at the ex- 
piration of the sixth year, so that one third may be chosen every 
second year ; and if vacancies happen by resignation or otherwise, 
during the recess of the legislature of any State, the Executive 
thereof may make temporary appointments until the next meeting 
of the legislature, which shall then fill such vacancies. 

3. No person shall be a Senator who shall not have attained to 
the age of thirty years, and been nine years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that 
State for which he shall be chosen. 

4. The Vice-President of the United States shall be President of 
the Senate, but shall have no vote, unless they be equally divided. 

5. The Senate shall choose their other officers, and also a 
President pro tempore^ in the absence of the Vice-President, or 
when he shall exercise the office of President of the United States. 

6. The Senate shall have the sole power to try all impeach- 
ments. When sitting for that purpose, they shall be on oath or 
affirmation. When the President of the United States is tried, the 
Chief Justice shall preside : and no person shall be convicted with- 
out the concurrence of two thirds of the members present. 



310 Appendix A 

7. Judgment in cases of impeachment shall not extend further 
than to removal from office, and disqualification to hold and enjoy 
any office of honor, trust or profit under the United States : but 
the party convicted shall nevertheless be liable and subject to in- 
dictment, trial, judgment and punishment, according to law. 

Sect. IV. 1. The times, places and manner of holding elec- 
tions for Senators and Representatives shall be prescribed in each 
State by the legislature thereof ; but the Congress may at any time 
by law make or alter such regulations, except as to the places of 
choosing Senators. 

2. The Congress shall assemble at least once in every year, and 
such meeting shall be on the first Monday in December, unless they 
shall by law appoint a different day. 

Sect. V. 1. Each house shall be the judge of the elections, 
returns and qualifications of its own members, and a majority of 
each shall constitute a quorum to do business ; but a smaller num- 
ber may adjourn from day to day, and may be authorized to compel 
the attendance of absent members, in such manner, and under such 
penalties, as each house may provide. 

2. Each house may determine the rules of its proceedings, pun- 
ish its members for disorderly behavior, and with the concurrence 
of two thirds, expel a member. 

3. Each house shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may in their 
judgment require secrecy ; and the yeas and nays of the members 
of either house on any question shall, at the desire of one fifth of 
those present, be entered on the journal. 

4. Neither house, during the session of Congress, shall, without 
the consent of the other, adjourn for more than three days, nor to 
any other place than that in which the two houses shall be sitting. 

Sect. VI. 1. The Senators and Representatives shall receive a 
compensation for their services, to be ascertained by law and paid 
out of the treasury of the United States. They shall in all cases 
except treason, felony and breach of the peace, be privileged from 
arrest during their attendance at the session of their respective 
houses, and in going to and returning from the same ; and for any 
speech or debate in either house, they shall not be questioned in 
any other place. 

2. No Senator or Representative shall, during the time for which 
he was elected, be appointed to any civil office under the authority 
Of the United States, which shall have been created, or the emoln- 



Constitution of the United States of America 311 

ments whereof shall have been increased, during such time ; and 
no person holding any office under the United States shall be a 
member of either house during his continuance in office. 

Sect. VII. 1. All bills for raising revenue shall originate in the 
House of Representatives ; but the Senate may propose or concur 
with amendments as on other bills. 

2. Every bill which shall have passed the House of Representa- 
tives and the Senate, shall, before it become a law, be presented to 
the President of the United States ; if he approve he shall sign 
it, but if not he shall return it with his objections to that house 
in which it shall have originated, who shall enter the objections at 
large on their journal, and proceed to reconsider it. If after such 
reconsideration two thirds of that house shall agree to pass the bill, 
it shall be sent, together with the objections, to the other house, 
by which it shall likewise be reconsidered, and, if approved by tw 
thirds of that house, it shall become a law. But in all such casco 
the votes of both houses shall be determined by yeas and nays, 
and the names of the persons voting for and against the bill shall 
be entered on the journal of each house respectively. If any bill 
shall not be returned by the President within ten days (Sundays 
excepted) after it shall have been presented to him, the same shall 
be a law, in like manner as if he had signed it, unless the Congress 
by their adjournment prevent its return, in which case it shall not 
be a law. 

3. Every order, resolution, or vote to which the concurrence of 
the Senate and House of Representatives may be necessary (except 
on a question of adjournment) shall be presented to the President 
of the United States ; and before the same shall take effect, shall 
be approved by him, or being disapproved by him, shall be re- 
passed by two thirds of the Senate and House of Representatives, 
according to the rules and limitations prescribed in the case of a bill. 

Sect. VIII. The Congress shall have power 

1. To lay and collect taxes, duties, imposts, and excises, to pay 
the debts and provide for the common defence and general welfare 
of the United States ; but all duties, imposts and excises shall be 
uniform throughout the United States ; 

2. To borrow money on the credit of the United States ; 

3. To regulate commerce with foreign nations, and among the 
several States, and with the Indian tribes ; 

4. To establish an uniform rule of naturalization, and uniform 
laws on the subject of bankruptcies throughout the United States ; 



312 Appendix A 

5. To coin money, regulate the value thereof, and of foreign 
coin, and fix the standard of weights and measures ; 

6. To provide for the punishment of counterfeiting the securities 
and current coin of the United States ; 

7. To establish post offices and post roads ; 

8. To promote the progress of science and useful arts by secur- 
ing for limited times to authors and inventors the exclusive right 
to their respective writings and discoveries ; 

9. To constitute tribunals inferior to the Supreme Court ; 

10. To define and punish piracies and felonies committed on the 
high seas and offences against the law of nations ; 

11. To declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water ; 

12. To raise and support armies, but no appropriation of money 
to that use shall be for a longer term than two years ; 

13. To provide and maintain a navy ; 

14. To make rules for the government and regulation of the land 
and naval forces ; 

15. To provide for calling forth the militia to execute the laws 
of the Union, suppress insurrections, and repel invasions ; 

16. To provide for organizing, arming and disciplining the mili- 
tia, and for governing such part of them as may be employed in 
the service of the United States, reserving to the States respective- 
ly the appointment of the officers, and the authority of training the 
militia according to the discipline prescribed by Congress ; 

17. To exercise exclusive legislation in all cases whatsoever, over 
such district (not exceeding ten miles square) as may, by cession of 
particular States, and the acceptance of Congress, become the seat 
of government of the United States, and to exercise like authority 
over all places purchased by the consent of the legislature of the 
State, in which the same shall be, for the erection of forts, maga- 
zines, arsenals, dock-yards, and other needful buildings;— and 

18. To make all laws which shall be necessary and proper for 
carrying into execution th« foregoing powers, and all other powers 
vested by this Constitution in the government of the United States, 
or in any department or office thereof. 

Sect. IX. 1. The migration or importation of such persons as 
any of the States now existing shall think proper to admit shall not 
be prohibited by the Congress prior to the year 1808 ; but a tax or 
duty may be imposed on men importation, not exceeding $10 for 
each person. 



Constitution of the United States of America 313 

2. The privilege of the writ of habeas corpus shall not be sus- 
pended, unless when in cases of rebellion or invasion the public 
safety may require it. 

3. No bill of attainder or ex post facto law shall be passed. 

4. No capitation, or other direct, tax shall be laid, unless in pro- 
portion to the census or enumeration herein before directed to be 
taken. 

5. No tax or duty shall be laid on articles exported from any 
State. 

6. No preference shall be given by any regulation of commerce 
er revenue to the ports of one State over those of another : nor 
shall vessels bound to, or from, one State, be obliged to enter, 
clear, or pay duties in another. 

7. No money shall be drawn from the treasury, but in con- 
sequence of appropriations made by law ; and a regular statement 
and account of the receipts and expenditures of all public money 
shall be published from time to time. 

8. No title of nobility shall be granted by the United States : and 
no person holding any office of profit or trust under them, shall, 
without the consent of the Congress, accept of any present, emolu- 
ment, office, or title, of any kind whatever, from any king, prince, 
or foreign state. 

Sect. X. 1. No State shall enter into any treaty, alliance, or 
confederation ; grant letters of marque and reprisal ; coin money ; 
emit bills of credit ; make anything but gold and silver coin a tea- 
tier in payment of debts ; pass any bill of attainder, ex post facto 
law, or law impairing the obligation of contracts, or grant any title 
of nobility. 

2. No State shall, without the consent of the Congress, lay any 
imposts or duties on imports or exports, except what may be ab- 
solutely necessary for executing its inspection laws : and the net 
produce of all duties and imposts, laid by any State on imports or 
exports, shall be for the use of the treasury of the United States ; 
and all such laws shall be subject to the revision and control of 
the Congress. 

3. No State shall, without the consent of Congress, lay any duty 
of tonnage, keep troops, or ships of war in time of peace, enter into 
any agreement or compact with another State, or with a foreigr 
power, or engage in war, unless actually invaded, or in such im- 
minent danger as will not admit of delay. 



314 Appendix A 



ARTICLE II. 

Section I. 1. The executive power shall be vested in a President 
of the United States of America. He shall hold his office during the 
term of four years, and together with the Vice-President, chosen 
for the same term, be elected as follows : 

2. Each State shall appoint, in such manner as the legislature 
thereof may direct, a number of electors, equal to the whole num- 
ber of Senators and Representatives to which the State may be en- 
titled in the Congress ; but no Senator or Representative, or per- 
son holding an office of trust or profit under the United States, 
shall be appointed an elector. 

[The electors shall meet in their respective States, and vote by 
ballot for two persons, of whom one at least shall not be an in- 
habitant of the same State with themselves. And they shall make 
a list of all the persons voted for, and of the number of votes for 
each ; which list they shall sign and certify, and transmit sealed to 
the seat of government of the United States, directed to the Presi- 
dent of the Senate. The President of the Senate shall, in the 
presence of the Senate and House of Representatives, open all the 
certificates, and the votes shall then be counted. The person hav- 
ing the greatest number of votes shall be the President, if such 
number be a majority of the whole number of electors appointed ; 
and if there be more than one who have such majority, and have 
an equal number of votes, then the House of Representatives shall 
immediately choose by ballot one of them for President ; and if no 
person have a majority, then from the five highest on the list the 
said house shall in like manner choose the President. But in 
choosing the President the votes shall be taken by States, the rep- 
resentation from each State having one vote ; a quorum for this 
purpose shall consist of a member or members from two thirds of 
the States, and a majority of all the States shall be necessary to a 
choice. In every case, after the choice of the President, the person 
having the greatest number of votes of the electors shall be the 
Vice-President. But if there should remain two or more who have 
equal votes, the Senate shall choose from them by ballot the Vice- 
President. ] 

3. The Congress may determine the time of choosing the electors, 
and the day on which they shall give their votes ; which day shall 
be the same throughout the United States. 

4. No person except a natural born citizen, or a citizen of the 



Constitution of the United States of America 315 

United States, at the time of the adoption of this Constitution, shall 
be eligible to the office of President ; neither shall any person be 
eligible to that office who shall not hare attained to the age of 
thirty-five years, and been fourteen years a resident within the 
United States. 

5. In case of the removal of the President from office or of his 
death, resignation, or inability to discharge the powers and duties 
of the said office, the same shall devolve on the Vice-President, and 
the Congress may by law provide for the case of removal, death, 
resignation, or inability, both of the President and Vice-President, 
declaring what officer shall then act as President, and such officer 
shall act accordingly, until the disability be removed, or a Presi- 
dent shall be elected. 

6. The President shall, at stated times, receive for his services, 
a compensation, which shall neither be increased nor diminished 
during the period for which he shall have been elected, and he shall 
not receive within that period any other emolument from the United 
States, or any of them. 

7. Before he enter on the execution of his office, he shall take 
the following oath or affirmation : — " I do solemnly swear (or af- 
firm) that I will faithfully execute the office of President of the 
United States, and will to the best of my ability, preserve, protect 
and defend the Constitution of the United States." 

Sect. II. 1. The President shall be commander in chief of the 
army and navy of the United States, and of the militia of the 
several States, when called into the actual service of the United 
States ; he may require the opinion, in writing, of the principal 
officer in each of the executive departments, upon any subject re- 
lating to the duties of their respective offices, and he shall have 
power to grant reprieves and pardons for offences against the United 
States, except in cases of impeachment. 

2. He shall have power, by and with the advice and consent of 
the Senate, to make treaties, provided two thirds of the Senators 
present concur ; and he shall nominate, and by and with the advice 
and consent of the Senate, shall appoint ambassadors, other public 
ministers and consuls, judges of the Supreme Court, and all other 
officers of the United States, whose appointments are not herein 
otherwise provided for, and which shall be established by law : but 
the Congress may by law vest the appointment of such inferior 
officers, as they think proper, in the President alone, in the courts of 
law, or in the heads of departments. 



316 Appendix A 

3. The President shall have power to fill up all vacancies thai 
may happen during the recess of the Senate, by granting commis- 
sions which shall expire at the end of their next session. 

Sect. III. He shall from time to time give to the Congress in- 
formation of the state of the Union, and recommend to their con- 
sideration such measures as he shall judge necessary and expedient ; 
he may, on extraordinary occasions, convene both houses, or either 
of them, and in case of disagreement between them, with respect 
to the time of adjournment, he may adjourn them to such time as 
he shall think proper ; he shall receive ambassadors and other pub- 
lic ministers ; he shall take care that the laws be faithfully exe- 
cuted, and shall commission all the officers of the United States. 

Sect. IV. The President, Vice-President and all civil officers 
of the United States, shall be removed from office on impeachment 
for, and conviction of, treason, bribery, or other high crimes and 
misdemeanors. 



ARTICLE in. 

Section I. 1. The judicial power of the United States, shall be 
vested in one Supreme Court, and in such inferior courts as Con- 
gress may from time to time ordain and establish. The judges, 
both of the Supreme and inferior courts, shall hold their offices 
during good behavior, and shall, at stated times, receive for their 
services, a compensation, which shall not be diminished during their 
continuance in office. 

Sect. II. 1. The judicial power shall extend to all cases, in law 
and equity, arising under this Constitution, the laws of the United 
States, and treaties made or which shall be made, under their au- 
thority ; — to all cases affecting ambassadors, other public minis, 
ters and consuls ; — to all cases of admiralty jurisdiction ; — to 
controversies to which the United States shall be a party ; — to 
controversies between two or more States ; — between a State and 
citizens of another State ; — between citizens of different States ; 
— between citizens of the same State claiming lands under granti 
of different States, and between a State, or the citizens thereof, 
and foreign states, citizens or subjects. 

2. In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a State shall be a party, the Supreme 
Court shall have original jurisdiction. In all the other cases before 
mentioned, the Supreme Court shall have appellate jurisdiction, 



Constitution of the United States of America 317 

both as to law and fact, with such exceptions, and under such reg- 
ulations as the Congress shall make. 

3. The trial of all crimes, except in cases of impeachment, shall 
be by jury ; and such trial shall be held in the State where the said 
crimes shall have been committed ; but when not committed with- 
in any State, the trial shall be at such place or places as the Con- 
gress may by law have directed. 

Sect. III. 1. Treason against the United States shall consist only 
in levying war against them, or in adhering to their enemies, giving 
them aid and comfort. No person shall be convicted of treason 
unless on the testimony of two witnesses to the same overt act, or 
on confession in open court. 

2. The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of blood, 
or forfeiture except during the life of the person attainted. 



ARTICLE IV. 

Section I. Full faith and credit shall be given in each State to 
the public acts, records, and judicial proceedings of every other 
State. And the Congress may by general laws prescribe the man- 
ner in which such acts, records, and proceedings shall be proved, 
and the effect thereof. 

Sect. II. 1. The citizens of each State shall be entitled to all 
privileges and immunities of citizens in the several States. 

2. A person charged in any State with treason, felony, or other 
crime, who shall flee from justice, and be found in another State, 
shall on demand of the executive authority of the State from 
which he fled, be delivered up, to be removed to the State having 
jurisdiction of the crime. 

3. No person held to service or labor in one State, under the 
laws thereof, escaping into another, shall, in consequence of any 
law or regulation therein, be discharged from such service or labor, 
but shall be delivered up on claim of the party to whom such ser- 
vice or labor may be due. 

Sect. III. 1. New States may be admitted by the Congress into 
this Union ; but no new State shall be formed or erected within 
the jurisdiction of any other State ; nor any State be formed by 
the junction of two or more States, or parts of States, without the 
consent of the legislatures of the States concerned as well as of 
the Congress. 



318 Appendix A 

2. The Congress shall have power to dispose of and make all 
needful rules and regulations respecting the territory or other 
property belonging to the United States ; and nothing in this Con- 
stitution shall be so construed as to prejudice any claims of the 
United States, or of any particular State. 

Sect. IV. The United States shall guarantee to every State in 
this Union a republican form of government, and shall protect 
each of them against invasion ; and on application of the legislature, 
or of the executive (when the legislature cannot be convened) 
against domestic violence. 



ARTICLE V. 

The Congress, whenever two thirds of both houses shall deem 
it necessary, shall propose amendments to this Constitution, or, 
on the application of the legislatures of two thirds of the several 
States, shall call a convention for proposing amendments, which, 
in either case shall be valid to all intents and purposes, as part of 
this Constitution, when ratified by the legislatures of three fourths 
of the several States, or by conventions in three fourths thereof, 
as the one or the other mode of ratification may be proposed by 
the Congress ; provided that no amendments which may be made 
prior to the year one thousand eight hundred and eight shall in any 
manner affect the first and fourth clauses in the ninth section of 
the first article; and that no State, without its consent, shall be 
deprived of its equal suffrage in the Senate. 



ARTICLE VI. 

1. All debts contracted and engagements entered into, before the 
adoption of this Constitution, shall be as valid against the United 
States under this Constitution, as under the Confederation. 

2. This Constitution, and the laws of the United States which 
shall be made in pursuance thereof ; and all treaties made, or which 
shall be made, under the authority of the United States, shall be 
the supreme law of the land ; and the judges in every State shall 
be bound thereby, anything in the Constitution or laws of any 
State to the contrary notwithstanding. 

3. The Senators and Representatives before mentioned, and 
the members of the several State legislatures, and all executive 
and judicial officers, both of the United States and of the several 



Constitution of the United States of America 319 

States, shall be bound by oath or affirmation, to support this Con- 
stitution ; but no religious test shall ever be required as a qualifi- 
cation to any office or public trust under the United States. 



ARTICLE VII. 

The ratification of the conventions of nine States, shall be suf- 
ficient for the establishment of this Constitution between the States 
so ratifying the same. 

Done in Convention by the unanimous consent of the States pres- 
ent, the seventeenth day of September in the year of our Lord 
one thousand seven hundred and eighty-seven and of the Inde- 
pendence of the United States of America the twelfth. In wit- 
ness whereof we have hereunto subscribed our names. 



[Signed by J 

New Hampshire. 
John Langdon, 
Nicholas Gilman. 

Massachusetts. 
Nathaniel Gorham, 
Rufus King. 

Connecticut. 
Wm. Saml. Johnson, 
Roger Sherman. 

New York. 
Alexander Hamilton. 

New Jersey. 
Wil : Livingston, 
David Brearley, 
Wm : Paterson, 
Jona : Dayton. 



G° Washington, 
Presidt and Deputy from Virginia. 



Pennsylvania. 
B Franklin, 
Thomas Mifflin, 
Robt. Morris, 
Geo. Clymer, 
Tho. Fitz Simons, 
Jared Ingersoll, 
James Wilson, 
Gouv Morris. 

Delaware. 
Geo : Read, 
Gunning Bedford, 

Jnn, 
John Dickinson, 
Richard Bassett, 
Jaco : Broom. 

Maryland. 
James McHenry, 
Dan of St. Thos. 

Jenifer, 
Danl Carroll. 

Attest : William Jackson, Secretary. 



Virginia. 
John Blair, 
James Madison, Jr. 

North Carolina. 
Wm. Blount, 
Richd. Dobbs Spaight, 
Hu Williamson. 

South Carolina. 
J. Rutledge, 
Charles Cotesworth 

Pinckney, 
Charles Pinckney, 
Pierce Butler. 

Georgia. 
William Fen, 
Abr Baldwin. 



320 Appendix A 

Articles in Addition to and Amendment of the Constitution 
of the United States of America, Proposed by Congress, 
and Ratified by the Legislatures of the Seteral States, 
Pursuant to the Fifth Article of the Original Consti- 
tution. 

Article I, — Congress shall make no law respecting an establish- 
ment of religion, or prohibiting the free exercise thereof ; or 
abridging the freedom of speech, or of the press ; or the right of 
the people peaceably to assemble, and to petition the government 
for a redress of grievances. 

Article II. — A well-regulated militia, being necessary to the se- 
curity of a free State, the right of the people to keep and bear 
arms, shall not be infringed. 

Article III. — No soldier shall, in time of peace be quartered in 
any house without the consent of the owner, nor in time of war, 
but in a manner to be prescribed by law. 

Article IV. — The right of the people to be secure in their per- 
sons, houses, papers, and effects, against unreasonable searches and 
seizures, shall not be violated, and no warrants shall issue but upon 
probable cause, supported by oath or affirmation, and particularly 
describing the place to be searched, and the persons or things to 
be seized. 

Article V. — No person shall be held to answer for a capital, or 
otherwise infamous crime, unless on a presentment or indictment of 
a grand jury except in cases arising in the land or naval forces, or 
in the militia, when in actual service in time of war or public dan- 
ger ; nor shall any person be subject for the same offence to be 
twice put in jeopardy of life or limb ; nor shall be compelled in 
any criminal case to be a witness against himself, nor be deprived 
of life, liberty, or property, without due process of law ; nor 
shall private property be taken for public use without just compen- 
sation. 

Article VI. — In all criminal prosecutions the accused shall en- 
joy the right to a speedy and public trial, by an impartial jury of 
the State and district wherein the crime shall have been committed, 
which district shall have been previously ascertained by law, and to 
be informed of the nature and cause of the accusation ; to be con- 
fronted with the witnesses against him ; to have compulsory process 
for obtaining witnesses in his favor, and to have the assistance of 
counsel for his defence. 



Constitution of the United States of America 321 

Article VII. — In suits at common law, where the value in contro- 
versy shall exceed twenty dollars, the right of trial by jury shall be 
preserved, and no fact tried by a jury shall be otherwise re-exam- 
ined in any court of the United States, than according to the rules 
of the common law. 

Article VIII.— Excessive bail shall not be required, nor exces- 
sive fines imposed, nor cruel and unusual punishments inflicted. 

Article IX. — The enumeration in the Constitution, of certain 
rights, shall not be construed to deny or disparage others retained 
by the people. 

Article X.— The powers not delegated to the United States by 
the Constitution, nor prohibited by it to the States, are reserved to 
the States respectively, or to the people. 

Article XI. — The judicial power of the United States shall not 
be construed to extend to any suit in law or equity, commenced or 
prosecuted against one of the United States by citizens of another 
State, or by citizens or subjects of any foreign state. 

Article XII.— 1. The electors shall meet in their respective 
States, and vote by ballot for President and Vice-President, one of 
whom, at least, shall not be an inhabitant of the same State with 
themselves ; they shall name in their ballots the person voted for 
as President, and in distinct ballots the person voted for as Vice- 
President, and they shall make distinct lists of all persons voted for 
as President, and of all persons voted for as Vice-President, and of 
the number of votes for each, which lists they shall sign and cer- 
tify, and transmit sealed to the seat of government of the United 
States, directed to the President of the Senate ; — the President 
of the Senate shall, in the presence of the Senate and House of 
Representatives, open all the certificates and the votes shall then 
be counted; — the person having the greatest number of votes 
for President shall be the President, if such number be a majority 
of the whole number of electors appointed ; and if no person have 
such majority, then from the persons having the highest numbers 
not exceeding three on the list of those voted for as President, the 
House of Representatives shall choose immediately, by ballot, the 
President. But in choosing the President, the votes shall be taken 
by States, the representation from each State having one vote ; a 
quorum for this purpose shall consist of a member or members 
from two thirds of the States, and a majority of all the States shall 
be necessary to a choice. And if the House of Representatives 
shall not choose a President whenever the right of choice shall de- 



322 Appendix A 

volve upon them, before the fourth day of March next following, 
then the Vice-President shall act as President, as in the case of the 
death or other constitutional disability of the President. — The 
person haying the greatest number of votes as Vice-President, shall 
be the Vice-President, if such number be a majority of the whole 
number of electors appointed, and if no person have a majority, 
then from the two highest numbers on the list, the Senate shall 
choose the Vice-President ; a quorum for the purpose shall consist 
of two thirds of the whole number of Senators, and a majority of 
the whole number shall be necessary to a choice. But no person 
constitutionally ineligible to the office of President shall be eligible 
to that of Vice-President of the United States. 

Article XIII.— Section 1. Neither slavery nor involuntary ser- 
vitude, except as a punishment for crime whereof the party shall 
have been duly convicted, shall exist within the United States, or 
any place subject to their jurisdiction. 

Section 2. Congress shall have power to enforce this article by 
appropriate legislation. 

Article XIV. — Section 1. All persons born or naturalized in 
the United States, and subject to the jurisdiction thereof, are citi- 
zens of the United States and of the State wherein they reside. No 
State shall make or enforce any law which shall abridge the privi- 
leges or immunities of citizens of the United States ; nor shall any 
State deprive any person of life, liberty, or property, without due 
process of law; nor deny to any person within its jurisdiction the 
equal protection of the laws. 

Section 2. representatives shall be apportioned among the several 
States according to their respective numbers, counting the whole 
number of persons in each State, excluding Indians not taxed. But 
when the right to vote at any election for the choice of Electors for 
President and Vice-President of the United States, Representatives 
in Congress, the executive and judicial officers of a State, or the 
members of the legislature thereof, is denied to any of the male in- 
habitants of such State, being twenty-one years of age and citizens 
of the United States, or in any way abridged, except for participation 
in rebellion, or other crime, the basis of representation therein shall 
be reduced in the proportion which the number of such male citi- 
zens shall bear to the whole number of male citizens twenty-one 
years of age in such State. 

Section 3. No person shall be a Senator or Representative in 
Congress* or Elector of President and Vice-President, or hold any 



Constitution of the United States of America 323 

office, civil or military, tinder the United States, or under any State, 
who, having previously taken an oath, as a member of Congress, or 
as an officer of the United States, or as a member of any State legis- 
lature, or as an executive or judicial officer of any State, to support 
the Constitution of the United States, shall have engaged in insur- 
rection or rebellion against the same, or given aid or comfort to the 
enemies thereof. But Congress may by a vote of two thirds of each 
house, remove such disability. 

Section 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pen- 
sions and bounties for services in suppressing insurrection or re- 
bellion, shall not be questioned. But neither the United States nor 
my State shall assume or pay any debt or obligation incurred in aid 
of insurrection or rebellion against the United States, or any claim 
for the loss or emancipation of any slave ; but all such debts, ob- 
ligations, and claims shall be held illegal and void. 

Section 5. The Congress shall have power to enforce by appropri- 
ate legislation the provisions of this article. 

Article XV. — Section 1. The right of citizens of the United 
States to vote shall not be denied or abridged by the United States 
or any State on account of race, color, or previous condition of 
servitude. 

Section 2. The Congress shall have power to enforce this article 
by appropriate legislation. 



APPENDIX B 



AETICLES OF CONFEDERATION 



Articles of Confederation and Perpetual Union between the States of 
New Hampshire, Massachusetts Bay, Rhode Island and Providence 
Plantations. Connecticut, New York, New Jersey, Pennsylvania, 
Delaware, Maryland, Virginia, North Carolina, South Carolina, 
and Georgia. 

Article I. — The style of this Confederacy shall be, ,k The 
United States of America. " 

Art. II.— Each State retains its sovereignty, freedom, and in- 
dependence, and every power, jurisdiction, and right, which is not 
by this Confederation expressly delegated to the United States in 
Congress assembled. 

art. III. — The said States hereby severally enter into a firm 
league of friendship with each other, for their common defense, 
the security of their liberties, and their mutual and general wel- 
fare, binding themselves to assist each other against all force of- 
fered to, or attacks made upon them, or any of them, on account of 
religion, sovereignty, trade, or any other pretense whatever. 

Art. IV. — The better to secure and perpetuate mutual friend- 
ship and intercourse among the people of the different States in 
this Union, the free inhabitants of each of these States, paupers, 
vagabonds, and fugitives from justice excepted, shall be entitled to 
all privileges and immunities of free citizens in the several States ; 
and the people of each State shall have free ingress and egress te 
and from any other State, and shall enjoy therein all the privileges 
of trade and commerce subject to the same duties, impositions, 
and restrictions as the inhabitants thereof respectively ; provided 
that such restrictions shall not extend so far as to prevent the re- 
moval of property imported into any State to any other State of 
which the owner is an inhabitant ; provided also, that no imposition, 
duties, or restriction shall be laid by any State *""* property of 

324 



Articles of Confederation 325 

the United States or either of them. If any person guilty of, or 
charged with, treason, felony, or other high misdemeanor in any 
State shall flee from justice and be found in any of the United 
States, he shall, upon demand of the governor or executive power 
of the State from which he fled, be delivered up and removed to 
the State having jurisdiction of his offense. Pull faith and credit 
shall be given in each of these States to the records, acts, and 
judicial proceedings of the courts and magistrates of every other 
State. 

Art. V. — For the more convenient management of the general 
interests of the United States, delegates shall be annually appointed 
in such manner as the Legislature of each State shall direct, to 
meet in Congress on the first Monday in November, in every year 
with a power reserved to each State to recall its delegates, or any 
of them, at any time within the year, and to send others in their 
stead for the remainder of the year. No State shall be repre- 
sented in Congress by less than two, nor by more than seven mem- 
bers ; and no person shall be capable of being a delegate for more 
than three years in any term of six years ; nor shall any person, 
being a delegate, be capable of holding any office under the 
United States for which he, or another for his benefit, receives 
any salary, fees, or emolument of any kind. Each State shall 
maintain its own delegates in any meeting of the States and while 
they act as members of the Committee of the States- In deter- 
mining questions in the United States in Congress assembled, each 
State shall have one vote. Freedom of speech and debate in Con- 
gress shall not be impeached or questioned in any court or place out 
of Congress; and the members of Congress shall be protected in 
their persons from arrests and imprisonment during the time of 
their going to and from, and attendance on, Congress, except for 
treason, felony, or breach of the peace. 

Art. VI. — No State, without the consent of the United States, 
in Congress assembled, shall send any embassy to, or receive any 
embassy from, or enter into any conference, agreement, alliance, 
or treaty with any king, prince, or state; nor shall any person 
holding any office of profit or trust under the United States, or any 
of them, accept of any present, emolument, office, or title of any 
kind whatever from any king, prince, or foreign state; nor shall the 
United States, in Congress assembled, or any of them, grant any 
title of nobility. 



326 Appendix B 

No two or more States shall enter into any treaty, confederation, 
or alliance whatever between them, without the consent of the 
United States, in Congress assembled, specifying accurately the 
purposes for which the same is to be entered into, and how long it 
shall continue. 

No State shall lay any imposts or duties which may interfere 
with any stipulations in treaties entered into by the United States, 
in Congress assembled, with any king, prince, or state, in pursu- 
ance of any treaties already proposed by Congress to the courts of 
France and Spain. 

No vessels of war shall be kept up in time of peace by any 
State, except such number only as shall be deemed necessary by 
the United States, in Congress assembled, for the defense of such 
State or its trade, nor shall any body of forces be kept up by any 
State in time of peace, except such number only as, in the judg- 
ment of the United States, in Congress assembled, shall be deemed 
requisite to garrison the forts necessary for the defense of such 
State ; but every State shall always keep up a well-regulated and 
disciplined militia, sufficiently armed and accoutred, and shall 
provide and constantly have ready for use in public stores a due 
number of field-pieces and tents, and a proper quantity of arms, 
an. munition, and camp equipage. 

No State shall engage in any war without the consent of the 
United States, in Congress assembled, unless such State be actually 
invaded by enemies, or shall have received certain advice of a 
resolution being formed by some nation of Indians to invade such 
State, and the danger is so imminent as not to admit of a delay till 
the United States, in Congress assembled, can be consulted ; noi 
shall any State grant commissions to any ships or vessels of war, 
nor letters of marque or reprisal, except it be after a declaration oi 
war by the United States, in Congress assembled, and then only 
against the kingdom or state, and the subjects thereof, against 
which war has been so declared, and under such regulations as shall 
be established by the United States, in Congress assembled, unless 
such State be infested by pirates, in which case vessels of war 
may be fitted out for that occasion, and kept so long as the danger 
shall continue, or until the United States, in Congress assembled, 
shall determine otherwise. 

Art. VII. — When land forces are raised by any State for the 



Articles of Confederation 327 

be appointed by the Legislature of each State respectively by whom 
such forces shall be raised, or in such manner as such State shall 
direct, and all vacancies shall be filled up by the State which first 
made the appointment. 

Art. VIII. — All charges of war, and all other expenses that 
shall be incurred for the common defense, or general welfare, and 
al id wed by the United States, in Congress assembled, shall be 
defrayed out of a common treasury, which shall be supplied by 
the several States in proportion to the value of all land within 
each State, granted to, or surveyed for, any person, as such land 
and the buildings and improvements thereon shall be estimated, 
according to such mode as the United States, in Congress as- 
sembled, shall, from time to time, direct and appoint. The taxes 
for paying that proportion shall be laid and levied by the authority 
and direction of the Legislatures of the several States, within the 
time agreed upon by the United States, in Congress assembled. 

Art. IX — The United States, in Congress assembled, shall have 
the sole and exclusive right and power of determining on peace 
and war, except in the cases mentioned in the sixth Article ; of send- 
ing and receiving ambassadors ; entering into treaties and alliances, 
provided that no treaty of commerce shall be made, whereby the leg- 
islative power of the respective States shall be restrained from im- 
posing such imposts and duties on foreigners as their own people are 
subjected to, or from prohibiting the exportation or importation of 
any species of goods or commodities whatever; of establishing 
rules for deciding, in all cases, what captures on land and water 
shall be legal, and in what manner prizes taken by land or naval 
forces in the service of the United States shall be divided or 
appropriated ; of granting letters of marque and reprisal in times of 
peace ; appointing courts for the trial of piracies and felonies com- 
mitted on the high seas ; and establishing courts for receiving and 
determining finally appeals in all cases of captures ; provided that 
no member of Congress shall be appointed a judge of any of the 
said courts. 

The United States, in Congress assembled, shall also be the last 
resort on appeal in all disputes and differences now subsisting, or 
that hereafter may arise between two or more States concerning 
boundary, jurisdiction, or any other cause whatever; which author- 
ity shall always be exercised in the manner following : Whenever 
the legislative or executive authority, or lawful agent of any State 



328 Appendix B 

in controversy with another, shall present a petition to Congress, 
stating the matter in question, and praying for a hearing, notice 
thereof shall be given by order of Congress to the legislative or 
executive authority of the other State in controversy, and a day 
assigned for the appearance of the parties by their lawful agents, 
who shall then be directed to appoint, by joint consent, commis- 
sioners or judges to constitute a court for hearing and determining 
the matter in question; but if they cannot agree, Congress shall 
name three persons out of each of the United States, and from the 
list of such persons each party shall alternately strike out one, the 
petitioners beginning, until the number shall be reduced to thir- 
teen ; and from that number not less than seven nor more than 
nine names, as Congress shall direct, shall, in the presence of 
Congress, be drawn out by lot ; and the persons whose names shall 
be so drawn, or any live of them, shall be commissioners or 
judges, to hear and finally determine the controversy, so always as 
a major part of the judges who shall hear the cause shall agree in 
the determination ; and if either party shall neglect to attend at 
the day appointed, without showing reasons which Congress shall 
judge sufficient, or being present, shall refuse to strike, the Con- 
gress shall proceed to nominate three persons out of each State, 
and the secretary of Congress shall strike in behalf of such party 
absent or refusing; and the judgment and sentence of the court, 
to be appointed in the manner before prescribed, shall be final and 
conclusive ; and if any of the parties shall refuse to submit to the 
authority of such court, or to appear or defend their claim or cause, 
the court shall nevertheless proceed to pronounce sentence or 
judgment, which shall in like manner be final and decisive ; the 
judgment or sentence and other proceedings being in either case 
transmitted to Congress, and lodged among the acts of Congress 
for the security of the parties concerned; provided, that every 
commissioner, before he sits in judgment, shall take an oath, to be 
administered by one of the judges of the supreme or superior court 
of the State where the cause shall be tried, " well and truly to hear 
and determine the matter in question, according to the best of his 
judgment, without favor, affection, or hope of reward.*' Provided, 
also, that no State shall be deprived of territory for the benefit of 
the United States. 

All controversies concerning the private right of soil claimed 
under different grants of two or more States, whose jurisdictions, 



Articles of Confederation 329 

as they may respect such lands, and the States which passed such 
grants are adjusted, the said grants or either of them being at the 
same time claimed to have originated antecedent to such settlement 
of jurisdiction, shall, on the petition of either party to the Con- 
gress of the United States, be finally determined, as near as may 
be, in the same manner as is before prescribed for deciding dis- 
putes respecting territorial jurisdiction between different States. 

The United States, in Congress assembled, shall also have the 
sole and exclusive right and power of regulating the alloy and 
value of coin struck by their own authority, or by that of the 
respective States; fixing the standard of weights and measures 
throughout the United States ; regulating the trade and managing 
all affairs with the Indians, not members of any of the States ; 
provided that the legislative right of any State, within its own 
limits, be not infringed or violated; establishing and regulating 
post-offices from one State to another, throughout all the United 
States, and exacting such postage on the papers passing through 
the same as may be requisite to defray the expenses of the said 
office ; appointing all officers of the land forces in the service of 
the United States, excepting regimental officers ; appointing all the 
officers of the naval forces, and commissioning all officers whatever 
in the service of the United States ; making rules for the govern- 
ment and regulation of the said land and naval forces, and directing 
their operations. 

The United States, in Congress assembled, shall have authority 
to appoint a committee, to sit in the recess of Congress, to be 
denominated '* A Committee of the States," and to consist of one 
delegate from each State, and to appoint such other committees 
and civil officers as may be necessary for managing the general 
affairs of the United States under their direction ; to appoint one 
of their number to preside ; provided that no person be allowed to 
serve in the office of president more than one year in any term of 
three years ; to ascertain the necessary sums of money to be 
raised for the service of the United States, and to appropriate and 
apply the same for defraying the public expenses; to borrow 
money or emit bills on the credit of the United States, transmitting 
every half year to the respective States an account of the sums of 
money so borrowed or emitted; to build and equip a navy; to 
agree upon the number of land forces, and to make requisitions 
from each State for its quota, in proportion to the number of white 



330 Appendix B 

inhabitants in such State, which requisition shall be binding ; and 
thereupon the Legislature of each State shall appoint the regi- 
mental officers, raise the men, and clothe, arm, and equip them in a 
soldier-like manner, at the expense of the United States ; and the 
officers and men so clothed, armed, and equipped shall march 
to the place appointed, and within the time agreed on by the 
United States, in Congress assembled ; but if the United States, in 
Congress assembled, shall, on consideration of circumstances, judge 
proper that any State should not raise men, or should raise a 
smaller number than its quota, and that any other State should 
raise a greater number of men tha._i the quota thereof, such extra 
number shall be raised, officered, clothed, armed, and equipped in 
the same manner as the quota of such State, unless the Legis- 
lature of such State shall judge that such extra number can not be 
safely spared out of the same, in which case they shall raise, officer, 
clothe, arm, and equip as many of such extra number as they 
judge can be safely spared, and the officers and men so clothed, 
armed, and equipped shall march to the place appointed, and 
within the time agreed on by the United States, in Congress as- 
sembled. 

The United States, in Congress assembled, shall never engage in 
a war, nor grant letters of marque and reprisal in time of peace, 
nor enter into any treaties or alliances, nor coin money, nor regu- 
late the value thereof, nor ascertain the sums and expenses neces- 
sary for the defense and welfare of the United States, or any of 
them, nor emit bills, nor borrow money on the credit of the 
United States, nor appropriate money, nor agree upon the number 
of vessels of war to be built or purchased, or the number of land 
or sea forces to be raised, nor appoint a commander-in-chief of the 
army or navy, unless nine States assent to the same, nor shall a 
question on any other point, except for adjourning from day to day, 
be determined, unless by the votes of a majority of the United 
States, in Congress assembled. 

The Congress of the United States shall have power to adjourn 
to any time within the year, and to any place within the United 
States, so that no period of adjournment t>e for a longer duration 
than the space of six months, and shall publish the journal of their 
proceedings monthly, except such parts thereof relating to treaties, 
alliances, or military operations as in their judgment require 
secrecy ; and the yeas and nays of the delegates of each State, on 



Articles of Confederation 331 

any question, shall be entered on the journal when it is desired by 
any delegate ; and the delegates of a State, or any of them, at his 
or their request, shall be furnished with a transcript of the said 
journal except such parts as are above excepted, to lay before the 
Legislatures of the several States. 

Art. X. — The Committee of the States, or any nine of them, 
shall be authorized to execute, in the recess of Congress, such of 
the powers of Congress as the United States, in Congress assembled, 
by the consent of nine States, shall, from time to time, think ex- 
pedient to vest them with ; provided tbat no power be delegated to 
the said Committee, for the exercise of which, by the Articles of 
Confederation, the voice of nine States in the Congress of the 
United States assembled is requisite. 

Art- XI. — Canada, acceding to this Confederation, and joining 
in the measures of the United States shall be admitted into, and 
entitled to all the advantages of this Union ; but no other colony 
shall be admitted into the same, unless such admission be agreed 
to by nine States. 

Art. XII. — All bills of credit emitted, moneys borrowed, and 
debts contracted by or under the authority of Congress, before the 
assembling of the United States, in pursuance of the present Con- 
federation, shall be deemed and considered as a charge against the 
United States* for payment and satisfaction whereof the said 
United States and the public faith are hereby solemnly pledged. 

Art. XIII. — Every State shall abide by the determinations of 
the United States, in Congress assembled, on all questions which 
by this Confederation are submitted to them. And the Articles of 
this Confederation shall be inviolably observed by every State, 
and the Union shall be perpetual ; nor shall any alteration at any 
time hereafter be made in any of them, unless such alteration be 
agreed to in a Congress of the United States, and be afterwards 
confirmed by the Legislatures of every State. 

And whereas it hath pleased the great Governor of the world to 
incline the hearts of the Legislatures we respectively represent in 
Congress to approve of, and to authorize us to ratify, the said 
Articles of Confederation and perpetual Union, know ye, that we, 
the undersigned delegates, by virtue of the power and authority to 
us given for that purpose, do, by these presents, in the name and in 
behalf of our respective constituents, fully and entirely ratify and 
confirm each and every of the said Articles of Confederation and 



332 Appendix B 

perpetual Union, and all and singular the matters and things therein 
contained. And we do further solemnly plight and engage the 
faith of our respective constituents, that they shall abide by the 
determinations of the United States, in Congress assembled, on all 
questions which by the said Confederation are submitted to them; 
and that the Articles thereof shall be inviolably observed by the 
States we respectively represent, and that the Union shall be per- 
petual. In witness whereof, we have hereunto set our hands in 
Congress. Done at Philadelphia, in the State of Pennsylvania, the 
ninth day of July, in the year of our Lord 1778, and in the third 
year of the Independence of America. 



APPENDIX C 



REFERENCE BOOKS 

The books named in the lists that follow have been used in the 
preparation of this volume. Those marked (*) are especially 
recommended for high schools. 

Original Sources 

♦American History Leaflets. Lovell. 

*Hart, American History Told by Contemporaries. Macmillan. 

Elliot, Debates, 5 volumes. 

♦The Federalist. Scott, Foresman & Co. 

*Madison, Journal of the Constitutional Convention. Scott, 

Foresman & Co. 
♦Old South Leaflets. Heath. 

Publications of the Government Printing Office, Washington 

♦Abridgment of the President's Message and Accompanying Doc^ 

uments. 
Bulletins of the Bureau of American Republics. 
*Civil Service Commission, Annual Reports. 
*Commissioner of Labor, Annual and Special Reports. 
♦Commissioner of Education, Annual Reports. 
♦Congressional Directory. 
*Congressional Record. 
Consular Reports. 
Donaldson, Public Domain. 
♦Finance Reports. (Secretary of the Treasury.) 
♦Interstate Commerce Commission, Annual Reports. 
♦Manual and Digest of the House of Representatives. 
♦Public Debt Statement 
* Statistical Abstract. 

$33 



334 Appendix C 



Special Publications (not by the Government) 

International Prison Conference Reports. 

Proceedings of the National Conference of Charities and Correc- 
tions. 

General Works 

♦Alton, Among the Law Makers. Scribner. 

Andrews, An Honest Dollar. Hartford Student Pub. Co. 

* Andrews, History of the Last Quarter Century. Scribner. 

Bagehot, The English Constitution. Appleton. 

*Bancroft, History of the United States. Appleton. 

*Bliss, Encyclopedia of Social Reform. Funk & Wagnalls Co. 

Boone, Education in the United States. Appleton. 

Brooks, How the Republic is Governed. Scribner. 

*Bryce, American Commonwealth. Macmillan. 

Bullock, Introduction to the Study of Economics. Silver, Bur- 

dett & Co. 
♦Burgess, The Middle Period. Scribner. 

*Channing, A Student's History of the United States. Macmillan. 
Cooley, Constitutional Limitations. Little, Brown & Co. 
*Cooley, Principles of Constitutional Law. Little, Brown & Co. 
*Curtis, The United States and Foreign Powers. Scribner. 
*Clow, Introduction to the Study of Commerce. Silver, Bur- 

dett & Co. 
Commons, Proportional Representation. Crowell. 
*Conkling, City Government in the United States. Appleton. 
*Dole, Talks About Law. Houghton, Mifflin & Co. 
Devlin, Municipal Reform in the United States. Putnam. 
Earle, Child Life in Colonial Days. Macmillan. 
Earle, Curious Punishments of By-gone Days. H. E. Stone & 

Co. 
Ely, Problems of To-day. Crowell. 
*Ely, Outlines of Economics. Macmillan. 
Ely, Trusts and Monopolies. Macmillan. 
Ely, Taxation in American States and Cities. Crowell. 
Fisher, S. G., The Evolution of the Constitution of the United 

States. Lippincott. 
♦Fisher, The Colonial Era. Scribner. 

*Fiske, Beginnings of New England. Hougjiton, Mifflin & Co. 
Fiske, Old Virginia and Her Neighbor? TT ghton, Mifflin & Co. 



Reference Books 335 

*Fiske, American Revolution. Houghton, Mifflin & Co. 

*Fiske, Critical Period of American History. Houghton, Mifflin 
& Co. 

*Fiske, Civil Government in the United States. Houghton, 
Mifflin & Co. 

Follett, The Speaker. Longmans. 

Frothingham, Rise of the Republic. Little, Brown & Co. 

Godkin, Problems of Democracy. Scribner. 

Goodnow, Municipal Problems. Macmillan 

Grinnell, The Indians of To-day. Stone. 

*Harrison, This Country of Ours. Scribner. 

Hart, Essays on American Government. Longmans, Green & Co. 

*Hart, Formation of the Union. Longmans, Green & Co. 

Hinsdale, The Old Northwest. Silver, Burdett & Co. 

♦Hinsdale, The American Government. Werner School Book Co. 

Hitchcock, American State Constitutions. Putnam. 

*Hosmer, Samuel Adams. American Statesmen Series. Hough- 
ton, Mifflin & Co. 

Howe, Taxation and Taxes in the United States Under the In- 
ternal Revenue System. Crowell. 

Jenks, The Trust Problem. McClure, Phillips & Co. 

""Johnston, American Politics. Holt. 

Knox, United States Notes. Scribner. 

Laughlin, Elements of Political Economy. Appleton. 

Lawrence, The Principles of International Law. Heath. 

*Lodge, Alexander Hamilton. American Statesmen Series. 
Houghton, Mifflin & Co. 

*Macy, Our Government. Ginn. 

*Magruder, John Marshall. American Statesmen Series. Hough- 
ton, Mifflin & Co. 

McConachie, Congressional Committees. Crowell. 

♦McMaster, History of the People of the United States. Appleton. 

^McLaughlin, History of the American Nation. Appleton. 

Municipal Program, A. Macmillan. 

*Newspaper Almanacs. 

*Noyes, Thirty Years of American Finance (1865-1896). Put- 
nam. 

Plehn, Introduction to Public Finance. Macmillan. 

Remsen, Primary Elections. Putnam. 

Riis, How the Other Half Lives. Scribner. 

Robinson, Elementary Law Little, Brown & Co. 



336 Appendix C 

*Sohouler, History of the United States. Dodd, Mead & Co. 

Seligman, Essays on Taxation. Macmillan. 

Shaw, Municipal Government in Continental Europe. The Cen- 
tury Co 

Shaw, Municipal Government in Great Britain. The Century Co. 

*Sloane, The French War and the Revolution. Scribner. 

Sparling, Municipal History and Present Organization of the City 
of Chicago. Bulletin 23, University of Wisconsin. 

Stanwood, History of Presidential Elections. Houghton, Mifflin 
& Co. 

Stearns, Columbian History of Education in Wisconsin. 

Story, Commentaries on the Constitution. 

Stevens, Sources of the Constitution of the United States. Mac- 
millan. 

Taussig, The Silver Situation in the United States. Putnam. 

♦Taussig, Tariff History of the United States. Putnam. 

Thwaites, The Colonies. Longmans, Green & Co. 

Tolman, Municipal Reform Movements. Revell. 

Tyler, Patrick Henry. American Statesmen Series. Houghton. 
Mifflin & Co. 

Walker, Political Economy. Holt. 

*Walker, The Making of the Nation. Scribner. 

Watson, History of American Coinage. Putnam. 

Warner, American Charities. Crowell. 

White, Money and Banking. Ginn. 

*Wiloox, The Study of City Government. Macmillan. 

♦Wilson, The State. Heath. 

*Wilson, Congressional Government. Houghton, Mifflin & Co. 

*Wilson, Division and Reunion. Longmans, Green & Co. 

Wines and Koren, The Liquor Problem in its Legislative Aspects 
Houghton, Mifflin & Co. 

Wright, Industrial Evolution of the United States. Flood >& Via 
cent. 

*Wnght, Practical Sociology. Longmans, Green & Co. 



INDEX 



Administrative departments, 

city. 28-30 
Administrative officers, State, 19- 

20 
Agricultural colleges, 33 
Agriculture, department of, 255- 

256 
Alaska, 275 

Albany Congress, 98-99 
Alexandria Conference, 106 
Ambassadors, 246-247, 259 
Amending the Constitution by 

usage, 224 
Amendments to the Constitution, 

chap. 29 
Annapolis Convention, 106-107 
Annapolis Naval Academy, 251 
Appeals, 65 
Appointment. President's power 

of, 235-240 
Apportionment of Representatives, 

134-135 
Appropriation of money, 60 
Appropriations by Congress, 170 
Arbitration, international, 304-307 
Arbitration, legal, 69; labor, 94-95 
Army of the United States, 200- 

201 
Arrest, 62-63 
Articles of Confederation, 102-104, 

105. 162 
Assessment, 54 
Attainder, bill of, 209 
Auditing accounts, 60-61 
Australian ballot system, 45-46 

Bail, 63 

Ballot, 45-46, 53 

Bank, see Xational Banks 

Banking, 92 

Bankruptcy laws, 193 

BUI of Rights, State, 11; U. S., 289 

Bills in Congress, chap. 16 

Bimetallism, 183 

Blackmail, 13 

Bland Act, 183 

Bonded warehouse, 164 

Bonds, Xational, 171-172 



Bonds, official, 23 
Bullion, 181 

Cabinet, chap. 25 

Cabinet system of government, 
157-159, 161 

Calendar Wednesday, 148 

Calendars in Congress, 148 

Campaign funds, National, 219 

Canvass, 46-47 

Capital, location of, 203-204, 207 

Caucus, and convention system, 
47-49 

Caucus, in Congress, 154 

Census of the United States, 127 
136 

Central bank, 188, 190 

Charitable institutions, chap. 8 

Charters of cities, 27 

Chicago riots, 273 

Chinese exclusion, 175, 180 

Circuit Courts of the United 
States, 262 

Cities, European, 39-40, 42 

Cities, growth of, 32, 39 

Citizen's duty, 38, 52 

Citizenship, 191-193, 292-293 

City government, chap. 4 

Civic spirit , 38 

Civil cases, 62, 65 

Civil Service Reform in cities, 30- 
31; Xational, 238-240, 242, 243 

Coins and coinage, chap. 19 

Colonial governments, 9-10 

Colonial relations, 97 

Colonies made States, 102 

Commerce Court, 177 

Commerce, foreign, 174-175; in- 
terstate, 176-179 

Commerce, power of Congress over, 
chap. 18 

Commerce and Labor, department 
of, 256-258 

Commissioner type of local govern- 
ment, 5 

Committee system in State legis- 
latures, 12; in Congress, ehap. 
16 



337 



338 



Index 



Committee of the Whole, 150-151 
Committee, National, 218-219 
Committee on Rules, 154-155, 156 
Committees of Correspondence, 105 
Common carriers, 87-88 
Common law, 95 
Conciliation, 69 

Confederation, Articles of, see Ar- 
ticles of Confederation- 
Confederation between 1690 and 

1754, 98 
Conference committees, 151-152 
Conference of Governors, 92, 285 
Congress, Continental, 100-101; 
under the Constitution, chap. 
14; procedure in, chap. 16; 
powers of, chap. 18; sessions of, 
122-124; special sessions, 241 
Connecticut compromise, 111 
Conservation of natural resources, 

88, 92, 284-285 
Constitution of U. S., Appendix 
A; amendments of, chap. 29; 
amendment by usage, 224; con- 
struction of, 204-206, origin of, 
117; ratification, 114-116; sign- 
ers, 114 
Constitutional convention (1787), 
chap. 13; delegates to, 107-108; 
compromises, 111-113; Madi- 
son's Journal, 108 
Constitutions (State), 10, 11 
Consuls, 247, 259 
Contraband of war, 302-303 
Contracts, obligation of, 211 
Conventions, National, 216-220 
Conventions, political, 48-49 
Conventions, State constitutional, 

10 
Copyright, 196-198 
Corporation taxes, 57-58, 166, 173 
Corporations, 13; bureau of , 179 
Corrupt practices acts, 51-52 
Council, city, 27 

County type of local government, 3 
Courts, see Judiciary 
Criminal cases, 62 
Cuba, 276 
Custom houses, 163 

Debts of cities, 32; of U. S., 170- 

172 
Declaration of Independence, 102 
Defectives, 72 

Departments, executive, chap. 25 
Dependent children, 71 
Diplomatic bureau, 246-247 
Direct legislation, 14, 17 
Direct nomination, 49 



District courts of the TJ. S., 262 
District of Columbia, 203-204 
Duties, customs, 162-164 

Educational systems, chap. 9 

Elections, chap. 5 

Electoral Commission, 225 

Electors, Presidential, 214-216, 
222-224 

Emergency currency, 188 

Eminent domain, 268 

Equalization of taxes, 55 

European cities, 39-40, 42 

Excise taxes, see Internal Rev- 
enue 

Executive departments, State, 18- 
20; U. S., chaps. 22, 25 

Expenditures, National, 170 

Ex post facto laws, 209 

Extradition, 272 

Federalist, The, 115-116 

Feeble-minded persons, 73 

Fees, official, 59 

Felony, 199 

Filibustering, 155 

Finances, city, 31-32; National, 

chap. 17; public, chap. 6 
Foreign population of eities, 38 
Franchise taxes, 58 
Franchises, 34 
Franklin, Benjamin, 114; plan of 

Union, 99 
Free coinage, 182-183 
Free delivery of mail, 195 
Fugitive criminals, 272 
Fugitive slaves, 271 

Gerrymander, 12, 135, 136 
Gladstone, William E., 117 
Gold certificates, 186 
Governors of States, 18-19 
Grand jury, 63 
Guarantee of bank deposits, 92 

Habeas Corpus, 209 
Hague, Peace Conference, 304-307 
Hamilton, Alexander, 110 
Hawaii, 275 
Health, public, 85-86 
High license, 91 
Home rule for cities, 33 
Homestead law, 283 
House of Representatives, 121-123; 
see also chap. 15 

Immigration law, 175-176, 180; 
commissioner, of-, 257 



Index 



339 



Impeachment. 138-139 

Implied powers; of Congress, 204- 

205, 207 
Inauguration of President, 230, 232 
Income taxes. State, 59; National, 

168-169. 173 
Indeterminate sentence, 74, 77 
Indians, 254 
Indictment. 63 
Industrial education. 95 
Inheritance taxes, 58 
Initiative, 14, 37 
Injunctions, 95, 96 
Insane persons, 72-73 
Insular cases, 277 
Insurance, 91-92 
Insurgents, 156-157, 161 
Interior, department of, 253-254 
Internal improvements, 17S, 207 
Internal revenue system, 165-166 
International arbitration, 304-307 
International law, chap. 31 
Interstate commerce, 176-179 
Interstate commerce law, 176-177 
Irrigation, 284, 286 

Judgment of the court, 64 

Judicial trials, chap. 7 

Judiciary, city, 28; National, chap. 

26; State, 20-21 
Jurisdiction of U. S. courts, 263- 

265 
Jury, grand, 63, 267-268; petit, 64 
Jury system, 67-68, 69, 266 
Justice, department of, 252 
Juvenile courts, 42, 75 

Labor bureaus, 95; department 
of, 256-257; legislation, chap. 11 

Land of the U. S., 278-285. 286; 
grants of, 82-83, 84, 283, 2S4 

Legacy taxes, 58 

Legal tender, definition, 184 

'Legal tenders," 184-186 

Legislatures, 11-12, 15; restric- 
tions upon. 12-13 

Licensed employments, 89 

Licenses, 59 

Life-saving service, 249 

Liquor laws, 89-91 

Lobby, 13 

Local option. 90 

Lynch law, 68 

Machine politics, 51 
Madison's Journal of Constitution- 
al Convention, 108 
Mali matter, classes, 194 
Marque, letters of, 210-211 



Marshall. John, 270, 277 

Mayor. 27, 30 

Message, President's. 241 

Military powers of Congress, 199- 

203; of President, 233-241 
Militia, 19, 202-203, 290 
Ministers, foreign, 246-247, 259 
Mints, 181 

Money of the U. S., chap. 19 
Municipal art, 39, 41; functions, 

38-39; government, chap. 4; 

ownership, 35, 41; reform 

movements, 39 

National banks, 187-188 

National Conventions. 216-220 

Natural monopolies, 33 

Naturalization, 191-193 

Navigation laws, 175 

Navy, department of, 251-252; of 
the U. S., 201-202, 206, 207 

Negro suffrage, see Suffrage 

Neutral nations, rights of, 302-303 

New England colonies, 1-2; con- 
federation, 98 

New Jersey Plan, 109-110 

Nobility, titles of, 210 

Nomination systems, 47-50, 53 

Northwest Territory, 274 

Oath of office, 23, 230 
Ordinance of 1787, 274, 286 
Oregon plan of electing Senators, 
133-134 

Pairs, in Congress, 150 

Panama Canal, 178, 276 

Parcels post. 196, 206 

Pardons, 234 

Parish, 3 

Parliament of England, 157-160 

Parole, 74 

Parties, political, 50-51, 53 

Party committees, 47 

Party government, chap. 5 

Party politics in city government, 

28-29 
Patents, 198, 206 
Patronage, official, 236 
Paupers, 70 

Penal institutions, chap. 8 
Penn's Plan of Union, 98 
Pensions, 253-254, 260 
Personal property, taxation of, 56- 

57 
Philippines, government of, 275- 

276. 286 
Pinckney resolutions, 110 
Piracy. 199 



340 



Index 



Playgrounds, 42 

Police powers, chap. 10 

Poll tax, 59 

Poor, 70-71 

Popular election of Senators, 133- 
134 

"Pork," 170. 

Porto Rico, government of, 275 

Ports of entry, 175 

Post office, department of, 252- 
253; system, 193-196 

Postal savings banks, 194-195 

Preamble to the Constitution, 118 

Preliminary examination, 64 

Presentment, 63 

President of U. S., chaps. 22-25; 
election of, chaps. 22, 23; pow- 
ers and duties of, chap. 24 

Presidential succession, 229 

Primaries, 47 

Primary election system, 49-50, 53 

Prison labor, 75 

Prisons, 74-75 

Privateers, 200, 302 

Prohibition, 90, 92 

Property tax, see Taxation 

Proportional representation, 14-15 

Public lands, chap. 28 

Public utilities, 36, 88 

Pure Food law, 178, 180 

Quorum in Congress, 140, 141, 156 

Railroad regulation, 87, 92, 
176-180 

Recall, 37 

Reciprocity, 165 

Recognition, 156 

Referendum, 14, 37 

Reform movements, 39 

Reformatories, 74 

Refunding of bonds, 172 

Registration, 44-45 

Relief, out-door, 70; in-door, 71 

Repeating, 44 

Representatives, apportionment of, 
125-128; election of, 124; quali- 
fications of, 124 

Reprieve, 233 

Resumption of specie payments, 
185 

Revenue", bills in Congress, 169 

Rotation in office, 237 

Rules of the House of Representa- 
tives, 141 

Rural delivery of mail, 195-196 

Salaries of Congressmen, 143 
Samoaji Islands, 276 



Sanitation, 85 

School revenues, 81-82 

School systems, chap. 9 

Schools, city, 79; district, 78; 
township, 78; colonial, 84; su- 
pervision, 79 ff. 

Selectmen, 2 

Senate of U. S., see chaps. 14, 15 

Senatorial courtesy, 236 

Senators, qualifications of, 131; 
election of, 129-134 

Sherman Act, 183 

Ship subsidies, 175, 180 

Short ballot, 22 

Silver certificates, 186 

Slave trade, 208 

Smuggling, 164 

Speaker of the House of Repre- 
sentatives, 128-129, 155-157, 
161 

Spoils system, 237-238 

Stamp Act Congress, 99-100 

Standard Oil Company, 179 

State, department of, 246-247 

State sovereignty, 299 

States, government, chaps. 2, 3; 
relations to U. S., chaps. 27, 30 

Stock watering, 34-35 

Strikes, 94 

Subpoena, 64 

Subsidiary silver, 184 

Suffrage, 43-44; negro, 9, 122 

Summons, 65 

Superintendent of schools, 79 

Supervisor system of local govern- 
ment, 5 

Supreme Court of U. S., 261, 265 

Survey, U. S. Government, 280- 
283 

Tariff, 164-165, 172, 173 

Taxation, chap. 6; of corporations , 
57-58, 166, 173; franchise taxes, 
58; inheritance taxes, 58; in- 
come taxes, 59; local and State, 
54-59; National, 162-169; poll 
tax, 59 

Taxes, direct and indirect, 167-168 

Territorial cases, 277 

Territorial delegates, 128 

Territories, chap. 28 

Territory, admission of, 278-279; 

Town type of local government, 2; 
township-county type, 4 

Trade unions, 94 

Tramp problem, 71, 76 

Treason, 268-269 

Treasury, department of, 247- 
249 



Index 



341 



Treasury notes, 187 
Treaties, 234-235 
Trials, judicial, chap. 

courts, 266-268 
Trusts, 178-179, 180 



in U. S. 



Undervaluation, 56 
Unemployed persons, 71 
Uniformity of State laws, 15 
Union, steps leading to, chap. 

12 
United States notes, 184-186 

Vacancies, in House of Represen- 
tatives, 128; in Senate, 130, 131 
Valuation of property, 54-55 
Venire, 64 
Verdict, 64 
Vestry, 3 
Veto, 152-153 



Vice-President of U. S.. 131-132, 

225. 228, 229 
Villages, 6 

Virginia local government, 3 
Virginia Plan, 110-111 
Voting, methods in Congress, 150 

War, declaration of, 200; depart- 
ment of, 249-251 

Waterways, 178, 180 

Weather bureau, 256 

Weights and measures, standard of 
188, 189 

West Point Military Academy 
250-251 

Whiskey Rebellion, 166 

Woman suffrage, 44, 53 

Writ of error, 65 

Yeas an» Nays, 142 



NOV 20 1912 



. 



